Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-00191
Original file (MD02-00191.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD02-00191

Applicant’s Request
The application for discharge review, received 011227, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Reentry-3. The applicant requested a documentary record discharge review. The applicant listed American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020731. 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 and narrative reason 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. (Equity Issue) This former member avers that he served honorably and faithfully as evidenced by his 4.2 conduct and 4.1 proficiency markings, and award of a COA, SSDR and GCM, and should, in so doing, receive a fully honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Copy of Administrative Discharge Rebuttal
Pages from Marine Corps Separation and Retirement Manual (3pgs)
Reference Letter from D_ M. H_
Letter from Applicant
Request for Administrative Discharge from Admin Law Chief (2pgs)
Copy of VA Statement of Understanding
Copy of NDRB and BCNR Purpose and Procedure Information
Copy of Acknowledgement of Rights
Copy of Notification of Separation Proceeding (2pgs)
Copies from Medical Record (4pgs)
Copy of Request for Legal Service
Copy of Verification of Military Experience and Training Information (6pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                960108 - 960610  COG

 Period of Service Under Review :
Date of Enlistment: 960611               Date of Discharge: 990114

 Length of Service (years, months, days):

         Active: 02 07 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 40

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (6)                       Conduct: 4.2 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge, COA, SSDR, MUC, GCM

 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 :

970905:  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: No Diagnosis
        
         AXIS II: Dependent Personality Disorder, DSM-IV 301.6
AXIS III: No Diagnosis
         
AXIS IV: 1. Geographic Separation from Family
         2. Difficulty adapting to the Marine Corps
                 
AXIS V: Global Assessment of Functioning at the time of admission =35
         Global Assessment of Functioning at the time of discharge =55

981103:  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: Alcohol Abuse
                  Nicotine Dependence
        
         AXIS II: Personality Disorder NOS with Avoidant and Dependent Traits
AXIS III: None
         
AXIS IV: Stress; lack of support system.
                 
AXIS V: Current Global Assessment of Functioning 65
        
981118:  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.

981118:  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.

981118:  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 evaluation. The factual basis for this recommendation was applicant’s diagnosis as having a personality disorder.

981203:  Counseled concerning refusal to attend Alcohol Treatment. Specifically, on 25 November 1998 at 0900, applicant refused to be at an alcohol treatment appointment at Base SACC. Advised that failure to attend treatment may result in judicial or separation proceeding.

981211:  SJA review determined the case sufficient in law and fact.

990106:  GCMCA [Commanding General, Marine Corps Base Hawaii] 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 990114 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. A Marine’s conduct and proficiency markings are not the sole criteria for determining characterization of service. A characterization of service of under honorable conditions (general) is warranted when significant 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 his refusal to attend alcohol abuse treatment, documented poor motivation, lack of MOS knowledge and poor physical condition. The applicant failed to complete his service contract after he was diagnosed with a personality disorder of such severity as to render him a risk to himself and others. No other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative separation. 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 the 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. Relief 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. The applicant 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. Legal representation at a personal appearance hearing is highly recommended but not required.





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 “ afls14.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      


Similar Decisions

  • USMC | DRB | 2000_Marine | MD00-00696

    Original file (MD00-00696.rtf) Auto-classification: Denied

    MD00-00696 Applicant’s Request The application for discharge review, received 000508, requested that the characterization of service on the discharge be changed to honorable conditions and the reason for the discharge be changed to convenience of the government. The applicant requested a documentary record discharge review. The discharge issued was not based on type warranted by service record.

  • USMC | DRB | 2000_Marine | MD00-00064

    Original file (MD00-00064.rtf) Auto-classification: Denied

    Block 28, Narrative Reason for Separation should read: “Involuntary discharge, condition not a physical disability, Personality Disorder (Board waived)” vice “INVOLUNTARY DISCHARGED, PERSONALITY DISORDER (BOARD WAIVED)”. 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. You should read Enclosure (5) of the Directive before submitting...

  • USMC | DRB | 2001_Marine | MD01-00076

    Original file (MD01-00076.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. I have since then been diagnosed as not having a personality disorder. Accordingly, partial relief is granted.The Board carefully considered the applicant’s request for an upgrade to Honorable by reason of Convenience of the Government, and found that other than his diagnosis of Personality disorder with suicidal ideation, the applicant had no adverse marks in his service record.

  • USMC | DRB | 1999_Marine | MD99-00367

    Original file (MD99-00367.rtf) Auto-classification: Denied

    W_ (Doc. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910129 under honorable conditions (general) for convenience of the government due to a personality disorder (A and B). You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management Information and Support Directorate Armed Forces Reading Room Washington, D.C. 20310-1809The names, and votes of the members of the Board are recorded on...

  • USMC | DRB | 2001_Marine | MD01-00673

    Original file (MD01-00673.rtf) Auto-classification: Denied

    MD01-00673 Applicant’s Request The application for discharge review, received 010409, requested that the characterization of service on the discharge be changed to honorable. AXIS II: Personality Disorder NOS with Avoidant and Borderline features.991018: 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...

  • USMC | DRB | 2001_Marine | MD01-01204

    Original file (MD01-01204.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Copy of DD Form 215 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 980624 - 990615 COG Period of Service Under Review :Date of Enlistment: 990616 Date of Discharge: 000713 Length of Service (years, months, days):Active: 01 00 28 Inactive: None Necessary corrective...

  • USMC | DRB | 2002_Marine | MD02-00096

    Original file (MD02-00096.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :981118: Medical evaluation by a military psychologist concluded that the applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.981123: Counseled for deficiencies in performance and conduct. 981216: Commanding officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based...

  • USMC | DRB | 2001_Marine | MD01-00351

    Original file (MD01-00351.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 (Member 1 and 4) Letter from Member of Congress and Naval Council of Personnel Boards response PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 990111 - 990201 COG Period of Service Under Review :Date of Enlistment: 990202 Date of Discharge: 000120 Length of Service...

  • USMC | DRB | 2001_Marine | MD01-00057

    Original file (MD01-00057.rtf) Auto-classification: Denied

    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. 970320: Commanding officer recommended discharge with an uncharacterized service for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.

  • USMC | DRB | 1999_Marine | MD99-01209

    Original file (MD99-01209.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. Muslims don’t' fight their brothers, man. 910124: 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 psychological evaluation and your demonstrated inability to function effectively in the...