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USMC | DRB | 2001_Marine | MD01-00310
Original file (MD01-00310.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD01-00310

Applicant’s Request
The application for discharge review, received 010119, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to hardship. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010808. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

1. My discharge was improper because the reason given of a personality disorder was based on one forty five minute interview conducted by R. E. O_, LT MSC USNR, and no other follow up exams.

2. The only time I've been diagnosed as having a personality disorder was during my time in the Marine Corps. So with that said, would the panel concur that given human error it may be possible that R. E. O_'s diagnosis of a personality disorder could have been made in error?

3. I'm not writing to make excuses for my actions in 1995; 1 accept full responsibility as I did then. But, I believe that the change, if granted, would be warranted given my current record and abilities. After college I'm going to attend Law School and would like to serve my country on a local, state, or federal level. If the board does not grant my asked changes, how can I achieve all that I'm capable of? Should I just rest with this response, or appeal to the board again?

4. While studying in Criminal Justice, I find that many opportunities are granted to convicted felons. So how does the board justify stigmatizing an individual for an act that was disciplined by NJP, and which was acted out at the age of eighteen.

5. would the Armed Forces be willing to allow myself to serve again upon completion of Undergraduate degree?

6. Thank you for your time and considerations.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's statement
Copy of General Discharge Certificate dated November 3, 1995
 Copy of DD Form 214 (Member 1 and 4)
 Letter from psychologist dated December 1, 2000
 Copy of high school diploma dated June 1997
 Character reference dated January 9, 2001
Character reference dated November 18, 1998
 Character reference undated
 Character reference undated
 Character reference undated
Character reference February 1, 2000
 Character reference February 6, 2000
 American Red Cross certificate of appreciation date April 24, 1997
U.S. Marine Corps scholastic excellence award dated May 14, 1997
 Letter to applicant from Youngstown State University dated December 27, 1999
Academic record dated January 4, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                940826 - 950130  COG
Period of Service Under Review :
Date of Enlistment: 950131               Date of Discharge: 951103

 Length of Service (years, months, days):
         Active: 00 09 03
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 43
Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 3.7 (2)              Conduct: 3.7 (2)

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

Days of Unauthorized Absence: 95

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.
Chronological Listing of Significant Service Events :

950828:  Applicant to unauthorized absence 0530, 28Aug95.
950912:  Applicant from unauthorized absence 1400, 12Sep95 (15 days/surrendered).
950918:  Medical evaluation by a military psychologist concluded that the applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.

          AXIS I: Alcohol dependence
         
         AXIS II: Borderline personality disorder
        
950918:  Applicant to confinement.
950918:  Counseled for deficiencies in performance and conduct. [Failure to adapt to the Marine Corps lifestyle which is so severe that it adversely affects your ability to function effectively in a military environment, and your unsatisfactory performance and conduct which is evidenced by your lack of reasonable effort.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
951010:  Applicant from confinement.

 951010:  Counseled for deficiencies in performance and conduct. [Lack of responsibility and good judgment. Unauthorized absence is a violation of UCMJ and will not be tolerated.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

951011:  Counseled for deficiencies in performance and conduct. [Lack of reasonable effort, your failure to accept responsibility, your lack of accountability, lack of attention to detail, and overall poor performance.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 951012:  NJP for violation of UCMJ, Article 86 (2 specs):
 Specification 1: Unauthorized absence 0530, 28Aug95 to 1400, 18Sep95.
 Specification 2: Unauthorized absence 1800, 4Jun95 to 0350, 23Aug95 (80 days/apprehended).
 Awarded forfeiture of $427.00 per month for 2 months, restriction and extra duties for 45 days. Not appealed.
951013:  Counseled for deficiencies in performance and conduct. [Your recent NJP held 941012 for violation of article 86 of the UCMJ. You are informed that this type of action starting out early in your Marine Corps career may cause adverse reaction regarding retention. Unauthorized absence and your continued lack of reasonable effort evidenced by your poor performance are violations of the UCMJ and will not be tolerated.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
951017:  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.
951017:          Applicant advised of his 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.
951017:  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. The factual basis for this recommendation was you personality disorder which is so severe that the ability to function effectively in the military environment is significantly impaired.

951025:  GCMCA [Commanding General, Marine Corps Base, Camp Lejeune, NC] 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 951103 general (under honorable conditions) 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 and equitable (D and E).
In response to applicant’s issues 1 and 2, the Board found that the applicant was diagnosed by a competent military psychologist as having a borderline personality disorder. It is not the purview of this Board to decide if the diagnosis was correct or not, the Board must decide on the facts of the case. The applicant is rather fortunate he was diagnosed with a personality disorder and received a general discharge. He could have received an other than honorable or a bad conduct discharge for his periods of unauthorized absence. The Board will not grant relief concerning these issues.
In response to applicant’s issue 4, the Board would like to remind the applicant that this is not the civilian world but the military world from which he was discharged. Furthermore, as a student of criminal justice, the applicant must surely know that a convicted felons criminal record does not just ‘go away’ but follows the felon throughout life. A military discharge does not just ‘go away’ either. The applicant must accept the consequences of his misconduct. Relief denied concerning this issue.
In response to applicant’s issue 5, the Board has no authority make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to re-enlistment. A request for waiver is normally done only during the processing of a formal application for enlistment.
In response to applicant’s issue 3, outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make since his discharge from the Navy. However the applicant’s efforts need to be more encompassing than those provided. The applicant should have produced more documentation of community service, a verifiable employment record and certification of non-involvement with civil authorities in order for consideration for clemency based on post-service conduct. The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended. The applicant is encouraged to continue with his pursuits and apply for a personal appearance hearing prior to 3 November, 2010.

Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.
B. Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

 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 “ afls10.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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