Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-00345
Original file (MD02-00345.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00345

Applicant’s Request
The application for discharge review, received 020129, requested that the characterization of service on the discharge be changed to honorable, with a favorable reentry code. 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 020912. 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: UNCHARACTERIZED/ PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. I call your attention to DD Form 214, items #24 (Character of Discharge, UNCHARACTERIZED) and #28 (Narrative Reason for Discharge, PERSONALITY DISORDER). While I clearly acknowledge that my period of active USMC service of only 5 months and 6 days was brief my service was clearly honorable. A review of the supporting documents from career Marines, attached, should be sufficient to demonstrate that an uncharacterized discharge is not appropriate in my case and should be upgraded to honorable. The narrative reason for my discharge is noted as a "personality disorder". Please understand that I do not suffer from now, nor have I ever suffered from a personality disorder. A review of medical documentation, attached, clearly details a diagnosis of "neurocardiogenic syncope". The supporting documentation should clearly demonstrate and provide sterling reviews as to the character of my service and my performance of duty. In addition, the attached medical documentation from MeritCare Medical Center, Fargo, ND, clearly diagnosis my medical condition, "neurocardiogenic syncope". This medical condition was the cause of my difficulties while on active duty.
Due to the two issues detailed above, block #27 of my DD Form 214 lists my reentry code as RE-4, not recommended for reenlistment. I am extremely proud of my service in the United States Marine Corps as was my father before me. I believe that supporting medical documents, attached, have cleared me for reenlistment for active duty in the Marine Corps. In addition to the changes I have requested above I also request a favorable reentry code which will facilitate my reentry to active military service.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
MeritCare Clinic Cardiology from D_ J. C_, MD, dtd 21 Mar 2001
Report of Medical Exam, dtd 24 Mar 2001 (3 pages)
Character Reference ltr from GySgt T_ P. L_, USMC, dtd 16 Jan 2001
Character Reference ltr from GySgt R_ W. H_, USMC, dtd 8 Jan 2001
Character Reference ltr from SSgt R_ J. J_, USMC, dtd 10 Jan 2001
Emergency Dept, Naval Hospital Camp Pendleton, dtd 12 Feb 2000
Report of Medical Exam, Separation, dtd 12 May 2000 (3 pages)
Applicant's Authorization for Release of Medical Records, dtd 4 Jan 2001
MeritCare Clinic Cardiology consultation, dtd 17 Nov 2000 (5 pages)
MeritCare Clinic Cardiology consultation, dtd 6 Nov 2000 (2 pages)
MeritCare Health System, MeritCare Hospital, Fargo, ND, dtd 31 Oct 2000 (3 pages)
 MeritCare Health System, MeritCare Hospital, Fargo, ND, Emergency Dept, dtd 13 Jun 1999 (2 pages)
 MeritCare Medical Group, Continuation Sheet, dtd 16 Jun 1999
MeritCare Hospital Cardiac Catheterization Laboratory, dtd 30 Nov 2000 (2 pages)
 MeritCare Medical Group Health Services, Echocardiography Report, dtd 16 Nov 2000 (3 pages)
MeritCare Hospital Imaging Services, dtd 7 Dec 2000
 Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                991206 - 000109  COG

 Period of Service Under Review :
Date of Enlistment: 000110               Date of Discharge: 000615

 Length of Service (years, months, days):

         Active: 00 05 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 52

 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 Marksman Badge

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

000131:  Mental Health Unit, MCRD, San Diego, CA: Recruit reports severe difficulty adjusting to boot camp. Frequent anxiety attacks, problems sleeping, nightmares, vomiting every night, loss of appetite. Recruit reports that he was pressured into being a Marine by his father and has NO desire to be a Marine. Recruit was very tearful during interview & was hyperventilating. Never went to psychiatrist but parents thought he should for ADD/Depression.
         Diagnosis:
         AXIS I: Occupational problems vs Adjustment disorder. Separation Anxiety Disorder 309.21
         AXIS II: Dependent Personality Disorder 301.6
         AXIS III: None
         AXIS IV: Occupational Stress
         AXIS V: GAF current: 55, Highest Past Year: 80
         Recommendation: Entry Level Separation - too immature to adapt to military.

000212:  Transport to hospital emergency room by ambulance. 19 year old male for chest pain mid substernal occurred at non-exertional state, rates 5/10 states entire left side arm and leg numbness and tingling. Recent ER visit for similar symptom. Pt is recruit and previously seen by psych.
         Assessment/Diagnosis: 1) Adjustment Disorder with depressed mood. No suicidal or homicidal ideation. 2) Atypical chest pain.
         Plan: Follow up BAS on Monday. Strongly suggest pt follow-up with Mental Health to determine status pending release/discharge from USMC. Pt to follow up ER if any increased symptoms over weekend.

000212:  Emergency Dept, NavHosp Camp Pendleton: Pt is 19 year old male recruit who was complaining of chest pain which was mid sternal, nonradiating, occurring in a non-exertional state, and rated a 5/10 on a subjective pain scale today. Pt had a recent ED visit for similar symptoms and currently being evaluated by the Mental Health Department for possible fitness for continued service in the USMC. He notes that he has been evaluated for possible anxiety disorder and hyperventilation syndrome. This eval was done by the Mental Health Dept. He did not bring his record here today but he states he was told that he was not fit for continued service in the USMC. Pt notes over the last week to 2 weeks that he has been experiencing bouts of crying in the evening and feeling hopeless regarding his situation of being in the USMC. He does not want to continue to be in the USMC. Pt notes that he was told by his drill instructor that the DI would do everything he could to keep him in the Marine Corps. He notes that his usual interests have not waned and he is feeling otherwise normal.
         PMH: Anxiety, migraine, headaches, and hyperventilation. PSH: None.
         DIAGNOSIS: 1. Adjustment Disorder with depressed mood and no suicidal or homicidal ideation. 2. Atypical chest pain.
         PLAN: 1. Reassured pt that it was very unlikely he was having any cardiopulmonary etiology for his chest pain. 2. Strongly encouraged pt to follow-up with his BAS for further eval of his chest pain on Monday and to follow-up with his Mental Health provider regarding the status of his pending discharge from the USMC. This would probably alleviate a lot of pt's anxiety. 3. Pt was advised to return to the ED if he has any increased symptoms or worsening chest pain over the weekend.

000518:  Counseled for deficiencies in performance and conduct [diagnosis of personality disorder that hinders ability to train]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000523:  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.

000523:  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.

000523:  Commanding Officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a medical diagnoses of suffering from a personality disorder and anxiety disorder. The factual basis for this recommendation was his actions and inability to adapt to military life and demonstrated incapability of continued service in the United States Marine Corps.

000607:  GCMCA [CG, MCB, Camp Pendleton, CA] directed the applicant's discharge for convenience of the government due to a personality disorder with the characterization of service as uncharacterized.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000615 with uncharacterized 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. 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 six months in the military 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.

On 000131, the applicant was diagnosed as suffering from a dependent personality disorder by a competent medical authority. Despite the existence of other medical conditions during the applicant’s service, no other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative 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      

Similar Decisions

  • USMC | DRB | 2006_Marine | MD0600341

    Original file (MD0600341.rtf) Auto-classification: Denied

    Provider stated if pt. Sincerely, (signed)031009: Applicant submits,via unknown means, a written waiver of administrative board to Commander, Marine Corps Base Quantico, and indicates intent to submit written matters in rebuttal to administrative separation recommendation by 031016.031014: DD 553, Deserter/Absentee Wanted by the Armed Forces issued this date for unauthorized absence commencing 030912.031015: Applicant counsel, Captain J_ P. S_, USMC, submits rebuttal to proposed...

  • NAVY | DRB | 2002_Navy | ND02-00688

    Original file (ND02-00688.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. Mental health Dept will provide appropriate follow-up care until service member is separated from the military or case is otherwise resolved.010610: Applicant notified of intended recommendation for discharge with an Entry Level Separation (uncharacterized service) by reason of defective enlistment and...

  • NAVY | DRB | 1999_Navy | ND99-00946

    Original file (ND99-00946.rtf) Auto-classification: Denied

    980413: Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct - failure to adapt to the Military environment. 980715: CO, FLEASWTRACEN, San Diego advised BUPERS that applicant was discharged on 13 March 1998 [DD 214 states discharge date of 15 Apr 98] with an uncharacterized discharge by reason of entry level performance and conduct - failure to adapt to the military environment. The applicant’s discharge shall change to General Under...

  • NAVY | DRB | 2003_Navy | ND03-00729

    Original file (ND03-00729.rtf) Auto-classification: Denied

    “On behalf of the above referenced applicant, and in accordance with 32 C.F.R., section 724.166; SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the following informal comments; and/or issue(s). Evaluation done by Dr. N_ who recommended pt be administratively separated from the Navy. It is possible that due to her adjustment disorder or depressive disorder NOS triggered by occupational stress, that...

  • NAVY | DRB | 2001_Navy | ND01-00088

    Original file (ND01-00088.rtf) Auto-classification: Denied

    The reason given for discharge is inequitable because "personality disorder" is so broad that it can not be defined to specify what emotional and/or psychological behavior problem existed at the time of discharge. The reason for discharge without a defined medical explanation requires a factual determination that I will not be able to seek full time employment as a police officer. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case,...

  • NAVY | DRB | 2002_Navy | ND02-00349

    Original file (ND02-00349.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. Based on his conduct and the associated medical documentation, I direct PC3 C_ be separated from the naval service with an Honorable discharge. The Applicant was diagnosed with a Personality Disorder Not Otherwise Specified (NOS) with Antisocial and Schizotypal features by competent medical authority at the Mental Health Department, Naval Hospital, Sigonella.

  • USMC | DRB | 2000_Marine | MD00-00617

    Original file (MD00-00617.rtf) Auto-classification: Denied

    Determines condition is a "physical condition" and "not a disability". st MarDiv(Rein)] directed the applicant's discharge under Honorable conditions (General) by reason of a physical condition not a disability. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 971031 under Honorable conditions (General) by reason of Convenience of the government due to condition not a physical or mental disability (A).

  • NAVY | DRB | 1999_Navy | ND99-01156

    Original file (ND99-01156.rtf) Auto-classification: Denied

    No indication of appeal in the record.980209: Mental Health Dept, Naval Ambulatory Care Center, Groton, CT: CHIEF COMPLAINT: Pt reported to his command in January 198 that he was having suicidal thoughts and he was transferred TAD to Group 2 for further assessment. Recommendation made at that time that he continue aboard the USS OKLAHOMA CITY and further recommended that pt seek further mental health eval should his anxiety continue after the boat transferred to Norfolk. Additionally,...

  • NAVY | DRB | 2002_Navy | ND02-01332

    Original file (ND02-01332.rtf) Auto-classification: Denied

    ND02-01332 Applicant’s Request The application for discharge review, received 20020920, requested that the characterization of service on the discharge be changed to honorable. Pt is recommended for ongoing psychological support upon return to an IN-CONUS site for a complicated bereavement and adjustment problem. RECOMMENDATION: Pt is recommended for MedEvac to an IN-CONUS facility as an outpatient where she is to receive supportive psychotherapy… Pt is recommended to not return to an...

  • NAVY | DRB | 2001_Navy | ND01-00972

    Original file (ND01-00972.rtf) Auto-classification: Denied

    ND01-00972 Applicant’s Request The application for discharge review, received 010725, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical reason. 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).The applicant’s issue asserts that his medical condition mitigated his...