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USMC | DRB | 2001_Marine | MD01-00146
Original file (MD01-00146.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT


ex-PFC, USMC
Docket No. MD01-00146

Applicant’s Request
The application for discharge review, received 001115, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010601. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did find inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/Personality Disorder, authority: MARCORSEPMAN Par. 6203.3.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. (Equity Issue) As the material evidence of record reflects, this former member opines that she warrants a fully honorable discharge because she does not have a personality disorder, because mitigating family problems impaired her ability to serve and because she has been a productive citizen since discharge.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated September 27, 2000
Copy of DD Form 214
 Copy of a page from applicant's medical record dated October 12, 2000
 Job/character reference
Letter from applicant dated December 17, 2000
 Statement from Reverend at St. Stephen the First Martyr Catholic Church dated December 20, 2000
Job reference dated January 2, 2001
Character reference dated December 19, 2000
Copy of recruiters card
Copy of registration form from Central Carolina Community College
Copy of applicant's resume

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                910323 - 910421  COG
Period of Service Under Review :
Date of Enlistment: 910422               Date of Discharge: 920416

 Length of Service (years, months, days):
         Active: 00 11 25
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 52
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.2 (3)                       Conduct: 4.3 (3)

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.
Chronological Listing of Significant Service Events :


920221:  Counseled for deficiencies in performance and conduct. [Frequent violations of the UCMJ, UA, poor attitude, disrespect, failure to follow rules and regulations, dereliction of duties.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920318:  Counseled for deficiencies in performance and conduct. [Your diagnosed borderline personality disorder as diagnosed by a clinical psychologist on 920310.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920406:  Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation.
920407:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

 920408:  Commanding officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation. The factual basis for this recommendation was your ability to function effectively in a military environment has been significantly impaired.

920410:  SJA review determined the case sufficient in law and fact.

920413:  GCMCA [Commanding General, Marine Corps Combat Development Command] directed the applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920416 under honorable conditions (general) for convenience of the government due to a personality disorder (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (D and E).
In considering the applicant’s issue, the Board found that her service average proficiency and conduct markings of 4.2/4.3 meet the Marine Corps Separation Manual standards for an Honorable characterization of service. Further, the applicant had no Non-judicial Punishments nor courts-martial. To support her request for upgrade, the applicant also provided the Board several documents attesting to her post-service accomplishments. The documents show an employed, married, contributing member of society, pursuing a university degree. Accordingly, based on her conduct and proficiency markings and her post service, relief is granted. By a unanimous decision of the Board, the characterization of the discharge shall change to Honorable.
The applicant did not mark block 3.c. of the DD Form 294 and did not request a change in the Reason for Discharge. The reason shall remain Personality Disorder. The applicant was diagnosed with "Borderline Personality Disorder with …impulsiveness and moodiness” by competent medical authority at the Mental Health Clinic, Naval Medical Clinic, Quantico, VA and was recommended for administrative separation from the Marine Corps. (A, Part IV) pertains. Thus, the Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of her discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge, and is supported by her statement in her letter to the Board, “I think I did what I had to do at the time.” The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history.
The applicant is reminded that she remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge . Representation at a personal hearing is not mandatory, but is strongly recommended. This representation need not be a lawyer, but may be any person of stature and good standing in the community including the various veterans’ organization.


Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B. Table 6-1, Guide for Characterization of Service of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

 E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                   Naval Council of Personnel Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                   Washington Navy Yard DC 20374-5023      


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