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USMC | DRB | 2002_Marine | MD02-00128
Original file (MD02-00128.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD02-00128

Applicant’s Request
The application for discharge review, received 011018, 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 020701. 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, as submitted

1. My understanding at the time of my discharge was that after six months my General discharge would automatically be upgraded to Honorable! I did not know that I had to apply for the upgrade myself! A General Discharge - Under Honorable Conditions, I was told would keep me eligible for the Montgomery GI Bill but now that I am trying to apply for it, I have been told that my discharge makes me ineligible even though I paid out the money for it while I was still in the Marine Corps. I am asking for my discharge to upgraded so that I may receive my benefits from the MGI Bill, because I am attending school now and I plan to continue my education even more. Please take my issues into consideration and grant me a Honorable Discharge!

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Applicant's General Discharge Certificate

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                970920 - 980719  COG
Period of Service Under Review :
Date of Enlistment: 980720               Date of Discharge: 991104

 Length of Service (years, months, days):
         Active: 01 03 15
          Inactive: None
Age at Entry: 17 (Parental Consent)
Years Contracted: 4

Education Level: 12                        AFQT: 69

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (4)              Conduct: 4.4 (4)
Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksmanship Badge
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 :

990719:  Naval Hospital, Camp Lejeune, NC (Mental Health Services): Pt is 18 year old active duty Marine with one year active duty stationed at H&HS, FDSV, MCAS New River referred for eval for complaints of depressed mood and anxiety. Chief Compliant - "I've been depressed ever since I've been in the Marine Corps and I want out…." ……….Pt reports long standing difficulties with depressed mood, moodiness, easy boredom, insecurity, anxiety, stubbornness, low self-confidence and procrastination. All of these symptoms have been worsened since joining the Marine Corps one year ago and currently she is complaining of symptoms to include depressed mood, tearfulness, anxiety, difficulty with sleep, feeling anxious at work, feeling increased irritability and poor appetite. She has been seen by one of the counselors at the Family Services Center, and was started on Prozac by her general medical officer approximately one month prior to eval. Family psychiatric history is remarkable for her mother being a recovering cocaine addict and her grandmother also being dependent on alcohol.
FORMULATION: …………….has failed to adjust appropriately to military life stating exacerbation of her long standing difficulties getting along with other people resulting in increased irritability, feelings of depression and anxiety, difficulty with sleep and appetite and difficulty controlling her anger. This overlies a long standing pattern of behavior which has showed a disrespect for mores of society as indicated by her trouble with the law as a teenager and her recent NJP which is pending. She has very poor sense of self and this is understandable considering the chaotic childhood she grew up in. It is doubtful that she possesses a biological mood disorder as is evidenced by the lack of improvement that she has seen by being treated with Prozac and it is more likely that her symptoms are consistent with a personality disorder .
          DIAGNOSES:
         AXIS I: Adjustment disorder with depressed mood
          AXIS II: Personality disorder not otherwise specified with borderline and
 anti-social traits
 AXIS III: None
AXIS IV: Severity of psychosocial stressors is mild routing military
service
 AXIS V: Current GAF is 65, Highest GAF is n the past year 85.
RECOMMENDATION: (1) Pt be admin separated based on a diagnosis of a personality disorder. (2) Pt should remain in ongoing weekly therapy with counselor at the Family Service Center at MCAS. (3) No indication that pharmacologic therapy will help with pt's feelings of depression and treatment with Prozac should be discontinued. (4) Pt instructed to report to her chain of command, her unit chaplain or the emergency room should she experience suicidal ideation within an intention to harm herself.
990719:  CO, NAVHOSP Camp Lejeune recommended to applicant's Commanding Officer that member be administrative separated due to severe personality disorder and advised CO that pending admin separation, applicant should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties.
991005:  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 your inability to function effectively in the military as demonstrated by statements of your superiors. You are unable to conform to military standards or perform in a reliable safe, and/or appropriate manner. Your disorder will not likely change in a reasonable amount of time.
991005:  Applicant advised of 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.
991005:  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.

991028:  SJA review determined the case sufficient in law and fact.

 991028:  GCMCA [2d MAW] 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 991104 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. The Board noted the applicant signed a document which explained the purpose and scope of the NDRB on 991005 that stated that 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. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Relief denied.
The applicant’s discharge characterization accurately reflects her service to her 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 her discharge. She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her 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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