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USMC | DRB | 2002_Marine | MD02-00376
Original file (MD02-00376.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD02-00376

Applicant’s Request
The application for discharge review, received 020211, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021008. 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/ Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. Box 24 of DD214 , The uncharacterized discharge was improper because it was Based on 5 months of service, which I served without reprimand of any type of adverse conditions, I am currently a police officer and wish to continue my education and training in law enforcement. I would like to express my Discharge as honorable (as it states on the computer print out from the VA.) Please consider my request.
2. Box 26 & 27 of the DD 214 to coincide with Boxes 24 and 28

3. Box 28 of the DD 214, the Reason for discharge was also improper Because it states that I have a personality disorder, this is a untrue statement and could hinder my ability to
 further my law enforcement career. When I was in SOI, MCB, Camp Lejuene NC. I had twisted my knee and was in admin. for 2 weeks I was 19 yrs old, confused and scared as to what I wanted. it was then my request to leave the marines. How does this constitute a personality disorder. Please consider all of my request, my future in law enforcement depends on this.

There is also a Psychological examination to Prove no Personality disorder Exist .
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Psychological Examination dated August 29, 2000
 Copy of veterans identification data dated November 19, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                900119 - 900213  COG
Period of Service Under Review :
Date of Enlistment: 900214               Date of Discharge: 900716

 Length of Service (years, months, days):
         Active: 00 05 03
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33
Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.5 (3)                       Conduct: 4.2 (3)

 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/Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

900607:  Recommendation for applicant to be dropped from training due to the following reason(s): Medical. Applicant unable to continue training because/due to 30 days light duty. Internal/disarrangement of right knee (EPTE). Recommend drop to Admin Co.

900619:  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.
         AXIS I: Occupational Problem
                   Alcohol intoxication, intermittent
         
         AXIS II: Personality disorder, NOS with passive-dependent and self defeating features.
900619:  Counseled concerning the Enlisted Substandard Performance Program and specific deficiencies: Personality disorder which is so severe that it adversely affects the ability to function effectively in a military environment and the failure to participate in training caused thereby. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
000622:  Applicant notified of intended recommendation for discharge with an entry level separation for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation.
900622:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
900622:  Commanding Officer, School of Infantry, Marine Corps Base, Camp Lejeune, NC recommended discharge with an entry level separation 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 a demonstrated inability to adjust to military life and unsuitability for further military service as manifested by the incapacity to overcome the personality disorder which adversely affects his ability to function effectively in a military environment.

900710:  GCMCA [Commanding General, Marine Corps Base, Camp Lejeune, NC] directed the applicant's uncharacterized discharge 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 900716 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.
Issue 2. 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.
Issue 3. On 900619, a medical evaluation by a military psychologist concluded that the applicant had a personality disorder which was so severe that his ability to function effectively in the military environment was significantly impaired. 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 an upgrade to his characterization of service. The applicant’s submittal of documentation ten years later that attests that the applicant currently does not have a personality disorder does not invalidate the 1990 evaluation. 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, enhancement of employment opportunities, 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 P1900.16D), 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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