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USMC | DRB | 2002_Marine | MD02-00557
Original file (MD02-00557.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD02-00557

Applicant’s Request
The application for discharge review, received 020312, requested that the characterization of service on the discharge be changed to honorable. 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 021217. 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: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. I REQUEST A REVIEW OF DISCHARGE BECAUSE OF MEDICAL REASONS.

 2. I RECEIVED A LETTER OF APPRECIATION, RIFLE MARKSMANSHIP BADGE, AND A GOOD CONDUCT MEDAL DURING SERVICE IN THE MILITARY.

3. I REQUEST A REVIEW OF DISCHARGE BECAUSE MY MEDICAL CONDITION DID NOT EXIST PRIOR TO MY SERVICE IN THE UNITED STATES MARINE CORPS.

4. I WOULD LIKE EDUCATIONAL BENEFITS IN ORDER TO BECOME A PRODUCTIVE CITIZEN. DUE TO MY MEDICAL CONDITION, I AM NOT ALLOWED TO WORK AT THIS TIME. IN ORDER FOR ME TO HELP MYSELF, I NEED TO GO TO SCHOOL.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (Member - 1)
 Separation Discharge Package dated 2 October 2001 (3 pages)
 Applicant's photo of 1997
Applicant's photo at Stone Mountain High School 1998 R.O.T.C. Ball
 Certificate of Completion, Stone Mountain High School NJROTC Unit of 5 May 1998
 Letter to Applicant from Who's Who Among American High School Students dated 15 June 1998
 Applicant's photo, Stone Mountain High School - May 1998 Graduation Ceremony
 Recruiting Station Atlanta, Certificate of Participation, 1998 Female Pool Function, of 21 March 1998
 USMC Certification of Completion, School of Infantry, dated 16 October 1998
 Applicant's photo of March 1999
Applicant's appointment to Lance Corporal, USMC, dated 1 March 1999
 Letter of Recommendation from Naval Science Instructor, Stone Mountains HS NJROTC Unit, dated 23 January 2002
 Character Reference letter from Ms. M_ P. I_, teacher, dated 14 January 2002
 Applicant's photos 1997 and 1998
Letter from Staff Psychiatrist, MHSL, A_ S_, MD, Atlanta VAMC, dated 6 February 2002 with medical documentation (131 pages)
 Copy of DD Form 214 (Member - 4)
 Copy of DD Form 214 (Member - 1)
Department of Veterans Affairs, Atlanta Regional Office, Rating Decision, dated 9 April 2002 (5 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970623 - 980621  COG
Period of Service Under Review :
Date of Enlistment: 980622               Date of Discharge: 011015

 Length of Service (years, months, days):
         Active: 03 03 24
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 35
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 3.9 (8)              Conduct: 4.0 (8)

 Military Decorations: None
Unit/Campaign/Service Awards: LoA, Rifle Marksmanship Badge

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

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

991103:  Counseled for deficiencies in performance and conduct. [Consistent tardiness for section Physical Training (PT) - in which she responded that she was not told where to be, while the entire platoon arrived on time, and has been counseled on this matter several times during the same week.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
991117:  NJP for violation of UCMJ, Article 91: insubordinate conduct toward an NCO; violation of UCMJ, Article 92: disobey a lawful order.
 Awarded reduction to E-2 (suspended for 6 months), restriction and extra duties for 15 days. Not appealed.
991203:  Acknowledged understanding that she was eligible but not recommended for promotion to Cpl for month of Jan 2000 for recent NJP.
001027:  Counseled for deficiencies in performance and conduct. [Violation of regulations on 001020 by failing to go at the time prescribed to the Unit Property Office at 0630, which is in blatant disregard to the SNCOIC.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010423:  NJP for violation of UCMJ, Article 86: unauthorized absence from 0800, 010308 to 0900, 010308; violation of UCMJ, Article 91: on or about 010308, willfully disobey an order given by Sergeant A_ to take out the trash; violation of UCMJ, Article 91: on or about 010308, was disrespectful toward Sergeant A_ by grabbing her cover and walking off in a huff when she was told to take out the trash; violation of UCMJ, Article 91: on or about 040406, willfully disobey Corporal W_'s order not to use electronic filer computer by continuing to use it; violation of UCMJ, Article 91: on or about 010406, was disrespectful toward Staff Sergeant J_ by asking in a disrespectful manner, "Why do I have to get up" after being told to get up; violation of UCMJ, Article 91: on or about 010406, willfully disobey Sergeant M_ by walking away after he ordered her to stand at attention.
 Awarded reduction to E-2, forfeiture of $584.00 per month for 2 months. Not appealed.
010906:  CO, Naval Hospital: Member evaluated by Mental Health and diagnosed with a severe Personality Disorder. Member is not mentally ill and is responsible for her behavior. However, this member does manifest a long-standing disorder of character and behavior which is of such severity as to interfere with her ability to function effectively in the military environment. Individuals with this type of personality disorder are unproductive and often consume considerable command attention and resources. The member has adjusted poorly to the demands of military service and is unmotivated for continued military service despite appropriate leadership, counseling, discipline, and other methods. Although not imminently suicidal or homicidal, the member may pose a continuing risk to do harm to self or others and negatively impact unit effectiveness and morale if retained in naval service. Therefore, it is strongly recommended that a 6105 entry be waived and that the member be processed expeditiously for an administrative discharge in accordance with MARCORSEPMAN paragraph 6203.3 by reason of unsuitability. The member has been offered supportive follow-up in the Mental Health Clinic pending processing for separation. In the examiner's opinion, the patient does not possess a severe mental disease or defect for purpose of R.C.M. 706 examination and is considered competent.

010912:  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 psychiatric evaluation of 6 September 2001, reflecting inability to conform to the standards of military life.

010912:  Applicant advised of her 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.

010919:  Commanding Officer, Company A, Headquarters and Service Battalion, 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. The factual basis for this recommendation was due to member's longstanding disorder of character and behavior, which is of such severity as to interfere with her ability to function effectively in the military environment. Commanding Officer’s comments (verbatim): "The member has adjusted poorly to the demands of military service and is unmotivated for continued service despite appropriate leadership, counseling, discipline, and other methods. Private First Class (Applicant) has made a poor adjustment to the demands of military service and would be a problem to any future Command. Therefore, I am convinced that an expeditious separation would be in the best interest of the Marine Corps."

011002:  GCMCA [CO, MCCSSS] 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 011015 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 and equitable (D and E).
Issues 1-3. A competent medical authority determined at the time of the Applicant’s separation proceedings that she was responsible for her behavior. The Board found that the Applicant’s personality disorder does not mitigate her misconduct. The fact that the Applicant’s personality disorder did not exist prior to her active duty in the Marine Corps does not provide a basis for relief. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions and adverse counseling entries on other occasions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects her disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. Relief denied.
Issue 4. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits or to enhance employment opportunities and this issue does not serve to provide a foundation upon which the Board can grant relief.
The Applicant’s discharge characterization accurately reflects her service to her country. The discharge was proper and equitable. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity 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.

She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her 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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