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USMC | DRB | 2002_Marine | MD02-00648
Original file (MD02-00648.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00648

Applicant’s Request
The application for discharge review, received 020403, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. The Applicant requested a personal appearance discharge review before a traveling panel closest to Detroit, Michigan. The Applicant listed the American Legion as the represen-tative on the DD Form 293. In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised the Applicant that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030311. 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 characteriza-tion of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: HONORABLE/ PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

[Issues taken from American Legion Statement]
1. (Equity Issue) This former member avers that his overall service record warrants a fully honorable characterization of service.

2. (Equity Issue) This former member requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

[Issues taken from Applicant's Statement]
Issue 3: My discharge was inequitable because it was based on one isolated incident in 28 months of service with no other adverse action.

In May of 2001 PFC L_ T_ was having relationship problems with fiance while on active duty in California. SNM was accused of cheating on fiance on several occasions. SNM one day suffered superficial scratches on left forearm while conducting daily operational checks on a 5-ton vehicle. SNM's fiance was unfaithful, so she used that as an excuse to breakup the engagement by telling SNM command that he was suicidal and was going to cause harm to himself. Higher authority was notified and immediate action was taken.

SNM was then taken to Balboa Hospital in San Diego, CA.

SNM was then released several days later when found SNM was infact no danger to himself or others, still it was recommended by the Naval doctors of SNM command that SNM be administratively separated from the Marine Corps.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant 's DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000623 - 000717  COG

 Period of Service Under Review :
Date of Enlistment: 000718               Date of Discharge: 010517

 Length of Service (years, months, days):

         Active: 00 10 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: NFIR

 Education Level: NFIR             AFQT: NFIR

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (4)                       Conduct: 4.3 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 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 :

010224:  Counseled for deficiencies in performance and conduct (Personality disorder, which renders Applicant unfit for further service). For this reason, the Applicant is being recommended for administrative separation. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010423:  Naval Medical Center San Diego Mental Health Services Command Summary: Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder is so severe that his ability to function effectively in the military environment is significantly impaired.
         Diagnostic Assessment:
         AXIS I: Adjustment disorder with depressed mood
         AXIS II: Borderline personality disorder with schizotypal traits
         AXIS III: Superficial cuts to left forearm
         AXIS IV: Problems with primary support ( fianc é ); occupational (away from
         home)
         AXIS V (admission): 11-20 Some danger to hurting self
         AXIS V (current): 41-50 Serious symptoms or difficulty functioning
         AXIS V (highest): 41-50 Serious symptoms or difficulty functioning.
         Plan and Recommendations [extract]:
         The patient is neither actively suicidal nor homicidal. However, when he dissociates, he is at risk for self-harm. Expeditious Administrative Separa- tion for Borderline Personality Disorder with Schizotypal Traits is strongly recommended.

 010503:  Applicant notified of intended recommendation for discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation. Applicant advised that the least favorable characterization of service he can receive is general (under honorable conditions) but that his Command-ing Officer is recommending to the separation authority that he receive an honorable discharge.

010503:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant understood that he was being recommended for separation with an honorable characterization of service.

010503:  Commanding officer recommended discharge with an honorable characterization 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 psychiatrist's recommendation for administrative separation due to a personality disorder.

010505:  Counseled for deficiencies in performance and conduct (Personality disorder, which renders the Applicant unfit for further service). For this reason the Applicant is being recommended for administrative separation. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010516:  GCMCA (Commanding General, 1 st Marine Division (Rein)) directed the Applicant's discharge with a characterization of general (under honorable conditions) 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 010517 with a characterization of general (under honorable conditions) 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 inequitable (D and E).

Issue 1: The Applicant contends, through council, that his service record warrants an honorable characterization. The Board reviewed the Applicant's service and medical records to determine the propriety and equity of the separation process. While the Applicant's condition did warrant administrative processing for separation, and no other narrative reason more clearly describes the circumstances surrounding the Applicant's discharge, the Board found that his performance and conduct were above the standard required for an honorable discharge. There were no nonjudicial proceedings, detrimental page 11 entries, or other derogatory information that would have warranted a characteri-zation less favorable than honorable. Thus, relief with respect to characterization is granted.

Issue 2: The Applicant requests, through counsel, that post-service conduct be considered in the recharacterization of his discharge. The Applicant, however, did not provided any documentation for the Board to consider an upgrade based on post-service conduct. Relief on this basis is denied.

Issue 3: The Applicant contends that his discharge was inequitable because it was based on one isolated incident in 28 months of service with no other adverse actions. Regard-less of the length of service, the Applicant's administrative processing, based upon the diagnosis by medical authority, was in accordance with applicable Marine Corps directives. While the Applicant's characterization of service was inequitable, the reason for separation and the separation process itself are proper and equitable. Relief on this basis is denied.

The Applicant further contends that his administrative separation was improper as he was found by medical authority, upon his release from the hospital, to be of no danger to himself or others. The medical evaluation contained in the Applicant's service records concluded that he was at risk for self-harm and that his ability to function effectively in the military environment was significantly impaired. The Applicant's processing for administrative separation was proper based on either of these reasons. Relief on this basis is denied.



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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