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USMC | DRB | 2001_Marine | MD01-00381
Original file (MD01-00381.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD01-00381

Applicant’s Request
The application for discharge review, received 010205, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020215. 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)/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My discharge was inequitable because it was based solely on a mental/physical condition at that time, with absolutely no regard to my service until that point.
In my 34 months of service I have received multiple awards and designations. I graduated at the top of various classes, was issued authorization for secret clearance and was pending a certificate of commendation prior to my discharge.
There is no substance to grant me anything less than an Honorable Discharge.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
A page from applicant's medical record
Narrative summary from mental health services
Authorization for security clearance request
Copy of intern clearance and access
Copy of final clearance and access
Copy of certificate of completion dated January 22, 1998 (3 copies)
Copy of certificate dated February 27, 1998 (3 copies)
Copy of certificate of completion dated March 10, 1998 (3 copies)
Copy of appointment to Lance Corporal dated April 1, 1998 (3 copies)
Copy of certificate of completion dated June 9, 1998 (3 copies)
Copy of certificate dated October 20, 1998 (3 copies)
Copy of certificate dated December 11, 1998 (3 copies)
Copy of Plane Captain Designation dated March 5,1999 (3 copies)
Letter from Commanding Officer, Marine Heavy Helicopter Squadron 465 dated February 1998
Copy of performance information memorandum dated April 7, 1999
Copy of appointment to Corporal dated May 1, 1999
Copy of certificate dated September 15, 1999
Copy of certificate dated September 15, 1999
Copy of certificate dated August 31, 1999
Copy of certificate dated August 31, 1999
Copy of certificate dated January 20, 1999
Copy of certificate dated July 14, 1999
Copy of certificate dated February 25, 1999
Copy of certificate dated July 14, 1999
Copy of meritorious mast dated November 4, 1999
Copy of certificate dated February 1, 2000
Five pages from applicant's service record
Copies of counseling worksheet dated February 8, 2000, November 10, 1999, September 4, 1999, July 6, 1999
Copies of counseling form dated January 21, 2000
Copy of conduct and proficiency marking worksheet dated February 1, 2000
Copy of initial check-in counsel sheet dated November 2, 1998
Copy of HMH-465 Flight Line Data Sheet
Copy of Marine Corps Institute course dated February 9, 2000
Copy of basic individual record (3 pages)
Copy of basic training record (2 pages)
Copy of registry transcript (7 pages) (2 copies)
Copy of summary of course (2 pages) (2 copies)
Copy of meritorious mast dated November 4, 1999 (2 copies)
Copy of certificate dated September 15, 1999 (2 copies)
Copy of performance information memorandum dated April 7, 1999 (2 copies)
Copy of secret clearance issued May 26, 1999 (2 copies)
Copy of certificate of promotion to Corporal dated May 1, 1999 (2 copies)
Letter from Commanding Officer re: qualified to carry troops during high light level conditions (2 copies)
Copy of applicant's resume
Copy of SE License certification dated June 9, 1998 (3 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970129 - 970721  COG

 Period of Service Under Review :
Date of Enlistment: 970722               Date of Discharge: 000519

 Length of Service (years, months, days):

         Active: 02 09 28
         Inactive: None

 Age at Entry: 17                          Years Contracted: 5

 Education Level: 12                        AFQT: 92

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (9)              Conduct: 4.5 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/ CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

000207:  Medical evaluation by Naval Medical Center San Diego, Department of Mental Health Services, Adult Outpatient Division:
         AXIS I: Eating disorder NOS (primary diagnosis); Adjustment disorder with depressed mood (secondary diagnosis); Primary Insomnia.
                   AXIS II: No diagnosis
                  AXIS III: None known
          AXIS IV: separation (geographically from boyfriend), occupational problems, health problems (weight issues)
                   AXIS V: 50 = (current)
                  70 = (past year)

          Recommendations: ...highly recommended applicant be treated for eating disorder...appears (applicant) treatment resistant, for when she was informed that the treatment would likely consist of a combination of medications (psychiatrist) and outpatient psychotherapy (psychologist), she reported, "no, I am not taking any medication."....

         Given applicant's stance and self-imposed limitations on treatment for her eating disorder, the command may want to seriously consider an administrative separation.

000218:  Counseled for deficiencies in performance and conduct. [You have been diagnosed with a personality disorder, eating disorder and insomnia; and subsequent inability to perform your daily duties in the Marine Corps. Moreover, your resistance to recommended treatment indicates that you possess limited desire to improve upon your health condition and to successfully complete your enlistment]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000225:  Applicant notified of intended recommendation for discharge with a General (Under Honorable Conditions) by reason of convenience of the government for a physical condition not a disability.
000225:  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.

000410:  Commanding officer recommended discharge with a general (under honorable conditions) by reason of convenience of the government for a condition not a physical or mental disability. The factual basis for this recommendation was your diagnosed eating disorder and insomnia, and subsequent inability to perform you daily duties in the Marine Corps. Moreover, your resistance to recommended treatment indicates that you possess limited desire to improve upon your health condition and to successfully complete your enlistment.

000515:  Medical Record: Applicant brought for eval SI, told today she would not receive admin sep from USMC....

000516:  GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the applicant's discharge with a general (under honorable conditions) by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000519 with a general (under honorable conditions) by reason of convenience of the government due to condition not a physical or mental disability (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

Issue 1. The Board agrees that the applicant had a positive record and good evaluations throughout her tenure until her last four months on active duty. The Board found there is substance to grant a discharge under honorable conditions (general). The reason for separation and type of behavior which is the basis for discharge factors into a determination of the characterization of service. The applicant did not follow prescribed medical treatment after she was diagnosed with her medical condition. Her performance during her last four months was inconsistent. On 000225, the applicant was advised of her rights and the likely characterization of service, 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. She stated to medical authorities that she was tired of the Marine Corps and on 000515 was referred for a psychological evaluation for suicide ideation after she was told that she may not be administratively separated. The Board found these actions were not consistent with an Honorable characterization of service. An upgrade to honorable would be inappropriate. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. Relief is therefore denied.

The applicant’s discharge characterization accurately reflects her service to her country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of her not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to her discharge. She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95), paragraph 6203, CONVENIENCE OF THE GOVERNMENT .

B. 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.

C. 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.

D. 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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