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USMC | DRB | 2002_Marine | MD02-00143
Original file (MD02-00143.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00143

Applicant’s Request
The application for discharge review, received 011022, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

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: UNCHARACTERIZED/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. While I was in the Marine Corps, I had some trouble getting adjusted to military way and life. So I was sent to see a doctor and while talking to him we came upon the decision that I was a little to immature and young basically I bit off more than I could chew. He told me that since I had just gotten out of High School that I needed to do some growing up. He suggested that I get out and do some more growing up then come back in when I was ready. So a couple of years went by I did a lot of growing up, I became very independent. I have a good job at Puget Sound Naval Shipyard. A couple of weeks ago I went to reenlist because I now feel very ready in my decision, I was told that I was able because of my discharge and my RE code. I was told by the doctor that I would be able to reenlist there for I thought I would be able to come back into the Marine Corps, if I knew I would not be able to reenlist I would not of left. It has always been my dream to be in the Marine Corps, to serve my country and to retire as a Marine. Please help me full fill my dream. Thank you.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                990417 - 990426  COG

 Period of Service Under Review :
Date of Enlistment: 990427               Date of Discharge: 991022

 Length of Service (years, months, days):

         Active: 00 05 25
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (2)                       Conduct: 4.2 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACRTERIZED/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

990830:  Medical evaluation by a military psychiatrist concluded that the applicant is not a danger to self or others.

         AXIS I: Adjustment Disorder Mild
        
         AXIS II: Immature Personality Disorder, EPTE

         AXIS III: Anxioneurotica Edema (By Record)

990902:  Medical evaluation indicates applicant was recommended for ADSEP due to presence of pre existing personality disorder which renders him unsuitable for USMC Training Duty.

 990922:  Counseled for deficiencies in performance and conduct. [You have been diagnosed with a Personality Disorder, which hinders your ability to train.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990922:  Applicant notified of intended recommendation for discharge uncharacterized for the convenience of the government due to a personality disorder, based upon a diagnosed adjustment disorder as evidenced by psychiatric evaluation.

990922:  Applicant advised of 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.

990922:  Commanding officer recommended discharge uncharacterized for the convenience of the government due to a personality disorder, based upon a diagnosed adjustment disorder as evidenced by psychological evaluation. The factual basis for this recommendation was applicant’s history of immature personality disorder. Applicant was subsequently diagnosed by medical authorities as suffering from an adjustment disorder. Through his actions and inability to adapt to military life, applicant demonstrated he was incapable of continued service in the United States Marine Corps.

990924:  Directed to voluntary leave while administrative separation was being reviewed.

990930:  GCMCA [Base Commander] directed the applicant's discharge uncharacterized 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 991022 from Home of Record, not available for signature, with a uncharacterized discharge 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. 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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