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USMC | DRB | 2001_Marine | MD01-00608
Original file (MD01-00608.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD01-00608

Applicant’s Request
The application for discharge review, received 010402, 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 010906. 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

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

To whom it may concern,
I, A_ G. H_ (Applicant), served in the United States Marine Corps from October 21'st, 1998 until my discharge date on June 25'th, 1999. 1 knew after boot camp that I was not cut out for the Marine Corps. I was extremely depressed and unable to perform my duties. Nobody really knows what they are signing until it is too late to turn back. Once I arrived at my school command at Damneck Naval Station in VA Beach, I informed my Senior Enlisted (Gunnery Sergeant) how I felt and he laughed at me, telling me there wasn't "A snowball's chance in hell..." that I would be able to get out of the military. Shortly after that, he sent me to see a psychiatrist; he told me the same thing, I wouldn't be able to get out of the military ... BUT, he sent me to a program called Outpatient Crisis Intervention that was designed to help people "deal" with the stresses of the military. It served no purpose for me. I was completely adamant that I didn't want to be in the Marine Corps. They told me that if it didn't help me, they would recommend that I be discharged, but after it was over, I felt NO different and they told my command that I was "psychiatrically fit" for full duty my hope was crushed. SO, that was pretty much all my options my command told me that once one psychiatrist diagnoses you, that is the end of it since there is no Hippocratic oath in military medicine. By this time, it was nearing mid-March. I was overwhelmed with depression and anger, and I attempted suicide by taking a bottle of pills, something I could have never seen myself doing. I, obviously, didn't die. I was admitted to the impatient psychiatric ward. After being "psychoanalyzed" for about a week, the psychiatrists recommended to my command that I be EXPEDITIOUSLY ADMINISTRATIVELY SEPARATED. NOTE, this was near the middle of APRIL. (I don't know the exact dates because admin wouldn't give me any copies of my records) SO, I'm sure that the review board knows, an EXPEDITIOUS ADMINISTRATIVE SEPARATION is, ideally, supposed to only take a week or so. A MONTH after my paperwork was sent up to MarForLant, the papers were sent back with a request by the chief of Staff that my CO charge me with destruction of government property .... the government property being ME!! The most ludicrous thing I have ever heard! My CO denied his request and sent the papers back up. A couple of weeks later, the papers were sent back AGAIN because MarForLant didn't want to discharge me with a "Disability" (Adjustment disorder). SO, I don't know what my command worked out with MarForLant, but my DD-214 said I was discharged for a "Physical condition, not a disability that didn't make any sense to me, but I didn't care by this point. SO, after the papers were sent back up again, they arrived on the Commanding General's desk on June 15'th, BUT, he was on vacation and had NO power of attorney. He came back on June 25'th and, FINALLY, signed the papers and I went home. I only told you the abbreviated version of this long saga. In the interim period, I was taunted my pretty much everyone in my command, including officers and NCO's because I didn't want to be in the Marine Corps. I know some of you on this board are probably IN the Marine Corps, and I never would say that it was a bad organization, I was just not cut out for the Marine Corps. NOW, the reason why I am petitioning you, is because I was discharged with a GENERAL DISCHARGE UNDER HONORABLE CONDITIONS. As if all the crap I had to go through wasn't enough, I didn't get an honorable discharge. Granted, the discharge I received wasn't punitive, it STILL keeps me from doing law enforcement, which is the profession I am going to school for. (Criminology) I must have had an honorable discharge to work in law enforcement. I was told during the discharge process that as long as I had no felonies within six months after my discharge, I would be able to change my discharge code to HONORABLE. I don't know the validity of that, but hope that it is that easy because, of course, I have NO felonies, or anything of the like.

In closing, please consider changing my discharge to Honorable. Despite the fact that I didn't want to be in the Marine Corps, I did what I was told and performed exemplary. Please contact me with information about this query at one of the numbers listed below.

Sincerely,
 A_ G. H_ (Applicant)
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                980716 - 981020  COG

 Period of Service Under Review :
Date of Enlistment: 981021               Date of Discharge: 990625

 Length of Service (years, months, days):

         Active: 00 08 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 11 (15 hrs college)

AFQT: 84

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (1)              Conduct: 4.3 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Badge Expert

 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 :

990317:  Applicant referred to Naval Base Medical Center, Dam Neck for Mental Health Evaluation and Patient Rights. Patient waived his rights.

990409:  Naval Medical Center, Portsmouth: 19 year old single white male with 4 months continue active duty was referred by Dr. W_ after evaluation as an outpatient on 30 Mar 99. Pt was diagnosed with Occupational problem. Enrollment in the OCIP was recommended as well as follow up with Dr. W_. Pt reported increased depressed mood and frustration since enlistment. He reported he joined the marines because he thought it would help him achieve his overall goal of becoming a criminal investigator. However, he reported he has been unable to fit in and does not want to do so. Has strong moral convictions which he feels are being compromised by his present duties………….He described himself as a "misanthrope" who finds it difficult to tolerate most others………..He is adamant that he will not be able to adapt………….He admitted to fleeting suicidal ideation without intent or attempt. Pt denied sustained neurovegetative symptoms. No past psychiatric history was reported. Family psychiatric history was notable for report of past heavy alcohol use by father and grandfather. Pt had no goals for this program or treatment in general, rather his focus was on securing discharge from the marine corps. He denied alcohol or drug abuse.
         Diagnosis: AXIS I: Occupational Problem
         AXIS II: Narcissistic trait
 Recommendation: 1. Return to full duty, psychiatrically fit for same. 2. Follow-up with Dr. W_, as scheduled. 3. NMCP POC psychiatrist Dr. W_, at (--- ----).
990419:  Admitted to Naval Medical Center, Portsmouth: 19 year old white male Private/Marine Corps/admitted to psychiatric ward for suicidal attempt.
         AXIS I: Adjustment Disorder with MDEC
         AXIS II: Personality Disorder NOS with Narcissistic and B/L features
         AXIS III: Achilles Tendinitis
         AXIS IV: Occupational stressors

990419:  MARCORADMIN, DET DAM NECK VA advised CMC applicant hospitalized, suicide gestures, took medication, called 911 and asked for help.
990423:  Naval Medical Center, Portsmouth: Pt returned to command following psychiatric evaluation. Member is considered unsuitable for continued military service on the basis of following diagnosis: manifests a disorder of character, behavior and adaptability that is of such severity and duration as to preclude adequate military service. Although not an imminent risk for suicide or homicide, due to his demonstrated pattern of maladaptive responses to routine personal and work-related stressors, he is a continuing danger to himself or others in the future. Recommended for expeditious administrative separation for unsuitability.

990423:  Summary of Clinical Assessment: A diagnosis of Personality Disorder Not Otherwise Specified with Narcissistic and Borderline Features was duly established. There have been at least two episodes of dangerous behavior in the past as evidenced by: recurrent suicidal ideation as an adolescent and a recent suicide attempt by ingesting of pills that required emergent psychiatric evaluation and hospitalization. A recommendation for expeditious administrative separations is considered appropriate.
990423:  Discharged from the Naval Medical Center Portsmouth.

 990427:  Counseled for deficiencies in performance and conduct [diagnosed as having a personality disorder of character, behavior and adaptability that is of such severity and duration as to preclude adequate military service]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990429:  Non-Medical Assessment (MGySgt R_ M. B_): Applicant had a personal problem and was referred by his SNCOIC. Applicant make a mistake in joining the Corps, referred him to the Chaplain. He has proven to be the type of person unsuited for military service. According to Dr. H_ has had at least two other suicide attempts/gestures prior to the one on 19 Apr 99.
990601:  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.
990601:  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.

990603:  Commanding officer recommended discharge with a General (Under Honorable Conditions) by reason of physical condition not a disability. The factual basis for this recommendation was due to his continuous signs of instability since his assignment to command, loneliness and/or difficulty adjusting to military life, his suicide gesture, coupled with recommendations of the Commander, Naval Medical Center, Portsmouth, VA.

990622:  GCMCA [COM, MARFORLANT] 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 990625 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).

 The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the applicant’s case the Board could discern no impropriety or inequity and therefore considered the applicant’s discharge was proper and equitable.
The applicant’s discharge characterization accurately reflects his service to his country. 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 his 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 his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his 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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