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USMC | DRB | 2001_Marine | MD01-00992
Original file (MD01-00992.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD01-00992

Applicant’s Request
The application for discharge review, received 010731, 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 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)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues

1. The following issues are the reasons I believe my discharge should be upgraded to Honorable. If you disagree, please explain in detail why you disagree. The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my service as less that honorable does not apply to my case because of the evidence I am submitting. My average conduct and proficiency marks were outstanding (Pro 4.5/Con 4.5). I excelled above my peers and lived by the code of the Marine Corps (Honor, Courage and Commitment). I inspired my seniors and set the example for my juniors. I was selected as the MEU Service Support Group 22 and 22d Marine Expeditionary Unit NCO of the Quarter for April, May and June 1999. I appeared before many boards during my enlistment, I received a Certificate of Commendation. I was platoon Sergeant abroad ship during my 6 month float. My record of promotions showed I was an outstanding service member. I only had 3 months to finishing my tour and receiving an Honorable Discharge. I have been a productive citizen to my community and a wonderful man to my family. My record of NJPs indicates only isolated and minor offenses. Psychiatric problems I have, impaired my ability to serve. I am receiving help for my problem and currently take medication to regulate my condition. I tried to serve and wanted to complete my contract, but I just was not capable of living in that environment. Thank you for reviewing my discharge, and I hope that I am finally rewarded an Honorable Discharge. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of rough draft on letter written to Congressman but never mailed.
Information on borderline personality
Fifty-seven pages from applicant's service record
Copy of report and certification of loan disbursement
Copy of credit report
Letter from applicant's wife
Letter from applicant's pastor
Character/job reference dated March 23, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                961121 - 961217  COG

 Period of Service Under Review :
Date of Enlistment: 961218               Date of Discharge: 000920

 Length of Service (years, months, days):

         Active: 03 09 03
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (16)                      Conduct: 4.5 (16)

 Military Decorations: None

 Unit/Campaign/Service Awards: AFSM, AFEM, SSDR w/1 Star, MM, Certificate of Commendation (2)

 Days of Unauthorized Absence: None

 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 :

991014:  NJP for violation of UCMJ, Article 91:
 Specification: Disrespectful in language and deportment towards SSgt.
Violation of UCMJ, Article 134 (2 specs):
Specification 1: Drunk and disorderly.
Specification 2: Indecent exposure.
Awarded forfeiture of $589.00 per month for 2 months, restriction for 60 days, reduction to LCpl. Forfeiture suspended for 6 months. Not appealed.
000824:  Counseled for deficiencies in performance and conduct. [Your lack of judgment, specifically, while at CAX. Applicant used poor judgment when he struck another Marine with his Kevlar helmet]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000817:  Medical evaluation by a military psychiatrist 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: Major depressive disorder, single episode, severe, without psychotic features and alcohol dependence, in sustained full remission in controlled environment.
        
         AXIS II: Personality disorder not otherwise specified with borderline and dependent features.

         AXIS III: Lacerations to left wrist-resolved, SAR

         AXIS IV: Problems with primary support, pending NJP

         AXIS V: (admission) 11-20 some danger of hurting self and (highest) 71-80 symptoms are transient and expectable reactions to stressors, (current) 61-70 some mild symptoms.

 000825:  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 psychiatric evaluation.

000825:  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.

000825:  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 psychiatric. The factual basis for this recommendation was the Naval Hospital's Commanding Officer letter evaluating (applicant's) behavior.

000901:  SJA review determined the case sufficient in law and fact.

000907:  GCMCA [Commander, 2d Force Service Support Group] 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 000920 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 Board disagrees with the applicant’s assertion that his overall record warrants an honorable characterization of service. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A characterization of service of under honorable conditions (general) is warranted when negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on one occasion and an adverse counseling entry that could have resulted in a summary court-martial on another occasion. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for 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. While the NDRB respects the fact that the applicant tried, his service is equitably characterized as being performed under other than honorable conditions. Relief is not warranted.

The fact that the applicant was within three months of his EAS is only one of several factors that are considered in determining the characterization of service and is not, of itself, an issue upon which the Board can grant relief.

The Board found that the applicant’s diagnosed medical condition did not excuse his misconduct. Relief denied.

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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