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USMC | DRB | 2002_Marine | MD02-00237
Original file (MD02-00237.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD02-00237

Applicant’s Request
The application for discharge review, received 020114, requested that the reason for the discharge be changed. The applicant requested a documentary record discharge review. The applicant listed the Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020815. 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 narrative reason of the discharge shall not change. The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. To change DD214 long form item 28, 26, 27 reason and authority of discharge (especially Narrative Reason for Discharge).

Veteran faces discrimination for Employment due to his discharge stating Personality Disorder and RE-3P. Veteran is requesting long form DD 214 be changed removing "Personality Disorder as veteran only suffered Temporary Depression from Family, Personal stress and does not now suffer this disability now. Veteran has sucessfully completed college, sucessfully employed.

Every Employer always asks for the Long form DD 214 for exactly the reason that DOD issues two type DD 214. No one wants to see the short form. So that even the most innocent information can be discriminatory AND IN THIS CASE IT DEFINETLY IS DISCRIMATORY.

Veterans was Misdiagnosed because stress etc. were temporary and not a true Personality Disorder.

 2. Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the applicant, in his request that he be given the opportunity to change the narrative of his Honorable Discharge to an Honorable Discharge with a more positive and less negative character of discharge narrative. The (FSM) further contend that he had experienced several acts of what he feels are discriminatory in regards to the narrative reason for discharge. We contend the narrative of characterization of discharge adversely changes his honorable discharge to a less favorable character of service, we contend that a honorable discharge was never intended to serve that negative purpose.

The (FSM) joined the United States Marines Corp on October 10, 1995 until August 19, 1997 where he served without any non- judicial punishments during his term of service.

During his military tenure he experienced what he described as several stress related bouts of mental disorders. The (FSM) claims he was miss-diagnosed as having severe personality disorders by military Medical staff in their effort to accommodate his company commander in his application to separate him from military service. The (FSM) was given brief periods of medical treatment with no complete long term medical plans or no mental assessments according to the (FSM) statements or military medical records. The (FSM) had compiled treatment records and medical opinions from private sources that attest to his what is now being described as temporary bouts of stress. This is further substantiated by the (FSM) abilities to complete college keep and maintain a low level job and have a successful family life. The (FSM) had always been eligible for jobs, but was prejudiced due to his character of service narrative.

The (FSM) seeks now to change his discharge narrative in an effort to receive his maximum benefits and entitlements for his military service and to reassess his life in hopes for a substantiate an secure job opportunities and to also, secure a better future for him and his family. The (FSM) now respectfully requests an equitable standard is applied as well as equity in treatment in seeking the boards' consideration in granting this request.

The (FSM) sincerely hopes that by respectfully requesting and being granted a more positive narrative reason of discharge change from the United States Marine Corp, will further enhance the ideals he tried to achieve while serving in the USMC. The (FSM) feels that his discharge is a matter of Supreme Honor and Respect that he will cherish throughout his lifetime..

We respectfully request that the (FSM) be given complete and duly consideration by the board. We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now seeks to correct the negative narrative character reason of his discharge to a more positive reason in an effort to maintain the character of his service as Honorable.

We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant. Respectfully,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of criminal record check dated August 15, 2000
Character reference from Director of Career Services of Technical Institute dated August 25, 2000
Copy of Appointment of Veterans Service Organization as Claimant's Representative form dated November 8, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                950104 - 951015  COG

 Period of Service Under Review :
Date of Enlistment: 951016                        Date of Discharge: 970819

 Length of Service (years, months, days):

         Active: 01 10 04
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 38

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (3)                       Conduct: 4.3 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Letter of Appreciation

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

970710:  Counseled for deficiencies in performance and conduct. [Negative attitude towards the Marine Corps and superiors and threat of self inflicted physical harm. These actions are a result of a diagnosed personality disorder and an inability to adapt to military regimentation and lifestyle.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970711:  Medical evaluation by a military psychologist concluded that the applicant’s personality disorder was so severe that applicant's ability to function effectively in the military environment was significantly impaired.

         AXIS I: Occupational problem.
         AXIS II: Personality disorder NOS with borderline and antisocial features.
         AXIS III: Femoral cyst and bilateral shin splints.
         AXIS IV: Lack of support system.

 970715:  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.

970716:  Applicant advised of his 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.

970718:  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 psychological evaluation. The factual basis for this recommendation was the diagnosis as having a personality disorder.

970801:  SJA review determined the case sufficient in law and fact.

970805:  GCMCA [Commanding General, Marine Corps Base Hawaii] directed the applicant's discharge will be honorable 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 970819 with an honorable characterization of service 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 has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. The applicant was diagnosed with a personality disorder by a competent medical authority on 970711. No other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative separation. The Board does not consider the circumstances surrounding the applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant a change to his characterization of service.
Relief denied.

Issue 2. The Board found no documentation supporting the allegation that the applicant was the subject of discrimination. The Board found no inequity in the fact the applicant was discharged with an honorable characterization of service for the narrative reason assigned. The official record stated that the applicant’s condition was not amenable to any medical corrective actions, and that administrative action was the recommended course to handle the applicant’s behavior. The fact the applicant completed college and has maintained employment since his discharge does not invalidate his narrative reason for separation. 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. Relief not warranted.

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. Representation at a personal appearance hearing is 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      

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