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USMC | DRB | 2001_Marine | MD01-01000
Original file (MD01-01000.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD01-01000

Applicant’s Request
The application for discharge review, received 010727, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance haring discharge review before a traveling panel. The applicant listed the Disabled American Veterans as the representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, D.C. area and was also advised that the Board first conducts a documentary review prior to any personal appearance.

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

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION
Issues

1. I was active duty in the Marine Corps from October 1998 to December 2000, discharged medically for a personality disorder. That personality disorder was never documented to be service corrected and I wish to appear before a board of physicians to prove that this disorder was service connected. Furthermore, I request that my DD214 discharge be upgraded to Honorable discharge for reasons that include the following:

1 - I never once got into any trouble while active duty.
2 - I never violated any UCMJ laws to make my discharge become under honorable conditions.
3 - I was counseled regularly on my performance as an outstanding Marine.

Please check my service record book and any other supporting information that will help my case. There is no reason why discharge should not be honorable. Thank You. Signed by Applicant

Submitted by DAV:

The records reflect the FSM served in the United Marine Corps from Oct 14, 1998 to Dec 6, 2000, with a narrative reason for separation as Personality Disorder - Involuntary Discharge - Not a physical disability. This reflects a two year period of active service. Therefore the length and quality of that service must be considered, as the FSM never received an UCMJ actions, counseled regularly as an outstanding performer, and had an overall good service.

In light of the FSM's request we ask that in the course of the discharge review, if it is determined that the policies and procedures under which that applicant was discharged differ in material respects from policies and procedures currently applicable on a service wide basis to discharges of the type under consideration, and that full consideration be given to a change of the current discharge on the basis of equity in accordance with SECNAVINST regulations.

Since the assignment of the type of discharge is based upon the seriousness of the offense, we ask that consideration be given to an assignment of an Honorable discharge, as we believe the regulations will allow for this latitude, as there was never any violations that required UCMJ action.

We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues.



 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)                980930 - 981013  COG

 Period of Service Under Review :
Date of Enlistment: 981014               Date of Discharge: 001206

 Length of Service (years, months, days):

         Active: 02 01 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 43

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (4)                       Conduct: 4.5 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: CoC

 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 :

001016:  Admitted to Leavenworth VA Medical Center: Pt was accepted as a transfer from the Medical service following his detoxification from his overdose of prescribed drugs, Klonopin, Xanax, etc. He claims that he had been in an argument wit his wife and that he finally took an overdoes of his medications, that he was increasingly upset with his wife and that she finally called the police as well as getting wild and angry. He regretted overdosing himself, however, at this time but admitted to feelings of still being too depressed. This veteran was admitted initially at the medical Service and was given gastric lavage prior to his transfer to Psychiatry. He is a 20 year old active duty white male who presented to the Emergency Room after medication overdose, which he claimed he had intentionally done two days ago. The female active duty member who accompanied the veteran for admission stated that, since Saturday, the pt had been in the bars in Leavenworth, resting and being watched for what was reported as alcohol intoxication and drunkenness. His story, however, was sketchy, but apparently he drank three beers on Friday or Saturday and subsequently took at least 40 pills at once, all prescription medications prescribed in an outside facility in the military. It was reported that the veterans may have left a suicide note which was not certain, however. He lives with his wife in Kansas City and has been depressed, having marital problems, and has been seeing a psychiatrist in Kansas City. Transferred to Psychiatric Service.
         DIAGNOSES:
         AXIS I: (1) Major Depression with Atypical psychosis
                  Severe Anxiety with Panic
                  (2) Alcohol abuse and intoxication with drug overdose
         AXIS II: Personality disorder: Mixed personality disorder
         AXIS III: No acute medical problems
         AXIS IV: Psychosocial stressors; claim of his fears about his marital relationship, etc.
         AXIS V: Adaptive functioning for the past year is updated from 40 to 45.

         Discharged from hospital: 16 October 2000

001106:  Mental Health Evaluation, Naval Hospital, Great Lakes, IL: Admitted to hospital on 16 Oct 200 and discharged on 6 Nov 2000. He was transferred from Ft Leavenworth VA MedCen, where he presented secondary to a suicide attempt by overdosing on multiple medications. Prior to admission to the VA MedCen, he had been treated with several psychotropic medications for emotional disturbances. While hospitalized at the Naval Hospital, serial mental status exams and clinical observation have not substantiated any evidence of a major mood, anxiety, or though disorder. While hospitalized here, he has not displayed any bizarre or disorganized behavior or thoughts. He had complained intermittently of complaints of "anxiety". By time of discharge, he reported resolution of the hallucinations that he had experienced.
         Discharge diagnoses are:
         AXIS I: None
         AXIS II: Personality disorder, not otherwise specified with Cluster B features.
         AXIS III: None
         Recommendation: Process for expeditious admin separation. Member does not have a severe mental disorder. However, he manifests a disorder of character and behavior that is of such severity to preclude adequate military service.
001107:  Applicant notified of intended recommendation for discharge with a General (under honorable conditions) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluations conducted on 16 Oct 2000 and 6 Nov 2000.

001107:  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.

001114:  Commanding officer recommended discharge with a General under honorable conditions for the convenience of the government due to a personality disorder. The factual basis for this recommendation was due to Psychiatric Officer's Evaluation conducted on 6 Nov 00.

001128:  GCMCA [CG, MCB, Camp Pendletion] 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 001206 with 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 agrees that the applicant had a superior record and good evaluations throughout his tenure prior to his admission to the Leavenworth VA medical center. However, 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 Board found that the applicant’s abusive drinking, lying behavior, and anti-social acts of extreme denial and minimization of his past behavior contributed to his medical diagnosis with which he was administratively separated. The Board found these actions and type of behavior were not consistent with an Honorable characterization of service. On 001107, the applicant was advised of his 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. 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 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 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 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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