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USMC | DRB | 2001_Marine | MD01-00689
Original file (MD01-00689.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD01-00689

Applicant’s Request
The application for discharge review, received 000417, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010928. 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
1. Ladies & gentlemen of the Board, I ask that my discharge be upgraded based upon the complicated circumstances of my departure from the Marine Corps. At the age of 18 mad the mistake of getting married. This was further complicated by the fact that my wife was also a Marine. To add to this we were both in our M.O.S. schools. 1 week after being married I was transferred to Quantico & she had to remain in NAS, Millington TN. Being separated this soon caused conflict which led to our divorce. Going from marriage to divorce combined with the death of my grandfather, completing my computer science course & family problems (mother & father caused poor judgement, lack of concentration & a general bad attitude on my part, I was given the option of being discharged or staying in the Corps. At the age of 18 I simply could not cope with all the stress I was under so I chose to be discharged under honorable conditions based on a personality disorder. Once discharged I received counseling & settled all of my personal affairs. I did not have a personality disorder it was simply an insurmountable amount of stress for an 18 year old at the time. I am now 24 and know that I can deal with anything life in the military has to offer. It is my sincere hope & request that my discharge be upgraded to honorable so that I may reenlist & once again become one of the Few & the Proud. I thank you for your time in reviewing my request & patiently wait or your reply.
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: USMC              None
         Inactive: USMCR(J)                930623 - 940530  COG
Period of Service Under Review :
Date of Enlistment: 940531               Date of Discharge: 960404

 Length of Service (years, months, days):
         Active: 01 10 04
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 85
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 3.5 (5)              Conduct: 3.5 (5)

 Military Decorations: None
Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, NDSM

Days of Unauthorized Absence: 1

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 :


950127:  Counseled for deficiencies in performance and conduct. [Academic drop from the AVA course of instruction, drop code (FAG). I have lost all unfulfilled enlistment incentives, to include promotion, coast and bonus, if any were guaranteed, under the Program Enlisted for (68 West) for which I enlisted. I further understand that my term of enlistment will be under and open contract]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950414:  NJP for violation of UCMJ, Article 90: Did on 950317, willfully disobey and order issued by LtCol F______, to wit: to report to MGySgt M_____; violation of UCMJ, Article 91: Did on 950313,willfully disobey and order of MGySgt M____, to wit: not to drive his vehicle; violation of UCMJ, Article 91: Did at 0830, 950318, willfully disobey order of MgySgt M___, to wit: the vehicle is to remain at Lejeune Hall.
 Awarded forfeiture of $450.00 per month for 2 months (suspended for 3 months), restriction and extra duties for 30 days. Not appealed.
950609:  Counseled for deficiencies in performance and conduct. [Failure to maintain Marine Corps height and weight standards. On 12 April SNM was measured at 72" and 211 lbs. The maximum weight for 72" is 203 lbs. Compliance with the Marine Corps height and weight standards is 72"mandatory and your individual responsibility]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950619:  NJP imposed and suspended on 950406 for a period of 3 months is hereby vacated and the punishment is ordered executed.

 950620:  NJP for violation of UCMJ, Article 86 (3 specs):
 Spec 1: UA 0001, 950219 to 2000, 950220; Spec 2: UA 1030, 950610 to1105, 950610; Spec 3: UA 1330, 950613 to 1515, 950613
 Awarded forfeiture of $300.00 per month for 2 months (suspended for 6 months), restriction and
extra duties for 30 days, reduction to E-2. Not appealed.
950817:  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: No Diagnosis on Axis I
         
         AXIS II: Personality Disorder NOS with Passive-aggressive Features (DSM-1V: 301.9)
         
         AXIS III: None noted.

 950920:  Counseled for deficiencies in performance and conduct. [Recent psychological evaluation. I have been diagnosed with a personality disorder not otherwise specified with passive aggressive features which caused me to be immature and resentful of authority]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960104:  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.

960104:          Applicant advised of his rights and having consulted 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.

960131:  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: No Diagnosis on Axis I
        
         AXIS II: Personality Disorder NOS with Passive-aggressive Features (DSM-1V: 301.9)
         
         AXIS III: None noted.
960205:  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 PFC B___ being diagnosed with a severe personality disorder. By his actions and inability to respond to counseling, he has demonstrated he has no potential for further military service.

960301:  SJA review determined the case sufficient in law and fact.

 960328:  GCMCA [Commanding General, MCB Quantico, VA] 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 960404 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).
Issue 1. The applicant states he did not have a personality disorder and that he had multiple personal problems which contributed to his discharge. The Board found the applicant was diagnosed with a personality disorder on two separate occasions by a proper medical authority. The applicant’s personal problems did not absolve him of his responsibility to obey Marine Corps orders and regulations. The applicant’s record of service combined with his performance and conduct evaluations do not warrant an upgrade to honorable. The applicant’s discharge characterization accurately reflects his service to his 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 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. 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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