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USMC | DRB | 2002_Marine | MD02-00219
Original file (MD02-00219.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00219

Applicant’s Request
The application for discharge review, received 020108, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance discharge review before a traveling panel closest to Bronx, NY or NYC, NY. 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) 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.

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 of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. I do not think I deserve the discharge I received. I do not have a personality disorder. I will go to a doctor of my own to get a diagnosis. These are hard times for our country and my re-enlistment code prevents me from serving my country like I need to.

 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: USN                        981118 - 991104  HON/PD
         Inactive: USMCR(J)                010312 - 010327  COG

 Period of Service Under Review :
Date of Enlistment: 010328               Date of Discharge: 010413

 Length of Service (years, months, days):

         Active: 00 00 16
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 9                         AFQT: 54

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA                           Conduct: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNCHARACTERIZED /ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

 Chronological Listing of Significant Service Events :

010409:  Medical evaluation by Branch medical Clinic: MHU for suicide gesture. Refer for administrative level separation.

          AXIS I: Malingering.
         AXIS II: Personality disorder NOS, with narcissistic and antisocial features.
010410:  Counseled concerning his ELS due to entry level performance and conduct. Applicant being discharged for having a personality disorder with antisocial features.
010410:  Commanding officer recommended entry level separation by reason of entry level performance and conduct. The factual basis for this recommendation was failure to adapt/suicide ideation. Commanding officer’s comments (verbatim): ELPAC - failure to adapt. SNR was stopped by DI from hanging himself. SNR spent several days at BNH. SNR diagnosed with malingering and personality disorder. SNR claimed that he was hanging himself to be rapidly discharged so he could be with his wife whom he claims has cancer. SNR understands the concept of free health care for his wife but only wants out. SNR discharged from Navy for psychological reasons. No redemption here; ELS now, unpredictable. A real burden.

010412:  Counseled concerning inability to adapt to military environment. Counseling included advice and methods to overcome performance and conduct deficiencies. Further advised that continued substandard performance and conduct could result in administrative separation.
010412:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry level performance and conduct.
010412:  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.

010413:  GCMCA [Commanding General, Marine Corps Recruit Depot, San Diego, CA] directed the applicant's discharge with an uncharacterized (entry level) by reason entry level performance and conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 010413 with an entry level separation (uncharacterized) due to entry level performance and conduct (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

Issue 1. The Board does not consider the circumstances surrounding the applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant an upgrade to his characterization of service. The applicant was diagnosed with a personality disorder by a competent medical authority on 010409. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “Uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The applicant’s service record did not contain any unusual circumstances during his less than one month in the Marines to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.
Relief denied.

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. 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. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818), paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT.
B. 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.

C. 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.

D. 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      


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