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USMC | DRB | 2002_Marine | MD02-00372
Original file (MD02-00372.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD02-00372

Applicant’s Request
The application for discharge review, received 020211, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance discharge review. The Applicant did not designate a 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 record review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021022. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the Applicant’s service. The Board’s vote was four to one that the character of the discharge shall change. The discharge shall change to: HONORABLE/INVOL DIS (PERSONALITY DISORDER), authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. I have recently graduated college and have been turned down for employment due to my General discharge. I am currently seeking employment in the technology field and am concerned about security clearance problems. This could seriously restrict my ability for advancement in a technology career. Please consider my request respectfully and sincerely. (signed by the Applicant)
2. During my service with the United States Marine Corps my actions in no way were unhonorable nor merit a discharge which reflects anything other than honorable. I qualified Expert was given excellent P.F.T scores and never show insubordination towards superior ranking officials. My personal problems at the time of my enlistment did not affect my ability to serve honorable. My entire family served in the United States Marine Corps and my brother is currently a pilot in the United States Marine Corps. I was discharge due to recommendations of a Captain in the United States Navy who was my Chief Medical Officer of the 2 nd Battalion 1 st Marine Division. This was the doctors recommendation. I honorably accepted his decision as I honorably served my country.
Respectfully, (Signed by the Applicant)
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Pennsylvania Governor, T_ R_, letter to Applicant dtd May 17, 1995
 Senate of Pennsylvania ltr to the Applicant dtd Mar 25, 1994
 NDRB's ltr to the Applicant dtd Oct 18, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                930917 - 931101  COG
Period of Service Under Review :
Date of Enlistment: 931102               Date of Discharge: 950112

 Length of Service (years, months, days):
         Active: 01 02 11
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 87

 Highest Rank: PFC
Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.4 (3)                       Conduct: 4.4 (3)

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, Expert Rifle Badge

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/INVOL DIS (PERSONALITY DISORDER), authority: MARCORSEPMAN Par. 6203.3.
Chronological Listing of Significant Service Events :

940908:  Counseled for deficiencies in performance and conduct [concerning failure to perform assigned duties due to an existing personality disorder]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
940914:  Division Psychiatrist, 2d MarDiv, MarForLant:
         Psychiatric Diagnoses: AXIS I: No Diagnosis.
 AXIS II: Personality Disorder NOS With Immature, Antisocial and Borderline Features.
          Medical evaluation by a military psychiatrist concluded that the Applicant has a personality disorder, which is so severe that the Marine's ability to function effectively in the military environment is significantly impaired. This diagnosis is based on the following:
         a. Symptoms consistent with conduct disorder before age 15 years (truancy, vandalism, shoplifting).
          b. Frequent fights.
         c. Recurrent suicidal threats.
          d. Impulsivity.
          e. Reckless disregard for safety of self.
         f. Consistent irresponsibility.
          g. Pattern of unstable intense interpersonal relationships.
          h. Poor frustration tolerance.
         i. Sense of entitlement.
          Such pattern existed prior to enlistment and is likely to continue beyond military discharge. Disorder is generally unresponsive to treatment available in military. Hospitalization not warranted at this time; however, pt's personality disorder leaves him at chronic risk for potentially suicidal or homicidal behavior with continued exposure to stressors common to life in the military environment.
         Recommendation: Immediate processing of administrative separation.

 941025:  Division Psychiatrist advised CO, 1 st Battalion, 2d Marines, 2d Marine Division, MarForLant, by letter, that current policy is to recommend admin separation only for those individuals with personality disorders deemed to be potentially dangerous to themselves or others. “In light of recent events (i.e., 2 suicides and 2 suicide attempts in the 2d Marine Division and a suicide in the 2d Force Service Support Group), expediting this service member's separation package is recommended.”

941129:  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, not otherwise specified, with immature, antisocial and borderline features.

941129:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
941129:  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.

941213:  SJA review determined the case sufficient in law and fact.

941219:  GCMCA [CG 2d MarDiv, MarForLant] 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 950112 under honorable conditions (general) 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 but not equitable (D and E).
Issue 1. The Board found that the Applicant’s average performance and conduct markings equitably rate an honorable discharge. The Board found no unusual circumstances in the Applicant’s record to support a characterization of service that was not determined by the average performance and conduct markings. Relief is therefore granted.




Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.
B. Table 6-1, Guide for Characterization of Service of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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