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USMC | DRB | 2002_Marine | MD02-00098
Original file (MD02-00098.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD02-00098

Applicant’s Request
The application for discharge review, received 011015, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Emory, Texas. The applicant did not designate 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, DC area. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing. Subsequent to the application, the applicant obtained representation by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020620. 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)/Convenience of the Government, condition not a disability - Personality Disorder, (Without Administrative board), authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues

1. (Equity Issue) This former member requests that the Board include provisions of SECNAVINST 5420174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.
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)                971021 - 971116  COG
Period of Service Under Review :
Date of Enlistment: 971117               Date of Discharge: 981016

 Length of Service (years, months, days):
         Active: 00 11 00
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 38
Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.1 (2)                       Conduct: 4.1 (2)

 Military Decorations: None
Unit/Campaign/Service Awards: Rifle Marksman Badge

 Days of Unauthorized Absence: 7
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/Convenience of the Government, condition not a disability, Personality Disorder (Without Administrative board), authority: MARCORSEPMAN Par. 6203.3.
Chronological Listing of Significant Service Events :

980324:  Unauthorized absence since 0501.
980331:  Surrendered at 1810.

 980409:  NJP for violation of UCMJ, Article 86: unauthorized absence from 0501, 080324 to 1810, 980331.
 Awarded forfeiture of $216.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
980519:  Admission to NAVHOSP, Camp Pendleton, Mental Health Dept. 19 year old single, white, male was transferred to the psychiatry ward after medically stabilized following an overdoes of Inderal LA (12). He explained that he was unable to tolerate the Marine Corps environment because he was overly sensitive to criticism and needed a greater degree of control over his own life. He insisted that he would repeat his attempt if returned to duty. Pt transferred to a closed ward after observation overnight on a medical unit. He repeatedly and convincingly denied suicidal ideation. He refused to cooperate with nursing assessments and begged to be discharged from the hospital and Marine Corps. He reported always having been sensitive to criticism but particularly so since joining the USMC. He is discharged due to his denial of suicidal ideation and agreement to seek medical help should he become so along with his refusal to cooperate with treatment. He is unlikely to benefit from further treatment at present.
          Discharged from hospital 980520 with diagnosis of:
          AXIS I: Adjustment Disorder with Depressed Mood
          AXIS II: Personality Disorder, NOS with Avoidant Features
          AXIS III: no diagnosis
         AXIS IV: Occupational problems
          AXIS V: GAF: 55 - current; 60 - highest, past year
          Recommendation: 1. Administrative (Entry Level) Separation is recommended based on personality disorder and failure to adapt.
2. Although not presently suicidal, this member is at ongoing risk for self harm and acting out behavior if retained on active duty. 3. His social anxiety, irritability, immaturity, and oppositional interpersonal style made him unlikely to benefits significantly from further treatment.

980525:  Counseled for deficiencies in performance and conduct (been diagnosed with a Personality Disorder which hinders your ability to continue training]. Necessary corrective actions explained, sources of assistance provided, disciplinary and advised that commanding officer intends to process for administrative separation from the Marine Corps as a result of the Medical problem.
980619:  Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based on your immaturity, poor coping and problem solving sills, and inability to adapt to military life, all indicative of your diagnosed Adjustment disorder with Depressed mood.
980619:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

 980619:  Commanding officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder.

980716:  GCMCA [CG, MCB, Camp Pendleton] advised CMC that applicant's discharge was directed 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 981016 with a 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. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. 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 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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