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USMC | DRB | 2002_Marine | MD02-00999
Original file (MD02-00999.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00999

Applicant’s Request
The application for discharge review, received 020708, 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 030331. 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. My discharge was improper because there is no adverse action in my service record, such as any disciplinary actions. There is only entries that I signed to be passed over for promotion due to weight standard. Which I believed was a result of severe depression I was suffering from, which became the reason I was discharged. I never broke the law, civilian nor military. I served my country the best I could, followed the rules and did as I was told, but I suffered from a personality disorder which was only a problem for my weight and I believe there is no reason why I shouldn't be granted an honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                961025 - 961103  COG

 Period of Service Under Review :
Date of Enlistment: 961104               Date of Discharge: 991222

 Length of Service (years, months, days):

         Active: 03 01 19
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 55

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, Rifle Marksman Badge

 Days of Unauthorized Absence: None

*No Marks Found in service record book.

 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 :

970627:  National Naval Medical Center, Bethesda, MD: This single, 20 year old female Marine E-1 was seen this date on an urgent basis from brig social worker. She was chewed out earlier today, quite distraught, went to social work & was referred here. Background history as follows: Parents divorced when she was 3, raised by her mother. Finished high school in 1995. Reported "4 or 5 suspensions for fighting in high school…" Came on active duty 11-06, works at brig, says, "I hate my job." Had two jobs before the military, fired from one because of her "attitude/temper." She reports marijuana use from the age of 16 to 18, "…at least twice a day for 3 years." Her last admitted use of marijuana was also last use of alcohol, just before joining the service. On her entry SF88/SF93, she reported only experimental use of marijuana age 15 (?!?). There is one civilian arrest at age 19 for "fleeing, resisting arrest." She was found guilty, fined, and made to do community service. She has never married. Medical history important since coming on active duty has been on LIMDU 5 times! She's not taking any meds at this time. She reports being counseled today for weighing 135 lbs, says her weight should be less than 127. Prior to seeing Mr. M_ at the brig today, she had not seen a mental health professional. She desires to get out of USMC.
         MSE: Neatly groomed black female, alert, oriented X3. Recent and remote memory is intact on casual exam. Speech was clear, soft, without defect. Affect & mood were mildly distraught, no crying spells, weight as increased, difficulty sleeping, insight is poor, judgment reflects strong characterological elements. No evidence of a thought disorder noted. Intelligence estimated to be within normal limits. There are no past or present homicidal and/or suicidal ideation or actions noted.
         Diagnostic Impression:
         AXIS I: None.
         AXIS II: Personality Disorder, NOS, with anti-social & passive-aggressive features (301.90).
         AXIS III: Mild obesity.
         Recommendation: 1 - Consult complete, original to medical record, copy to Mr. M_ at Brig. 2 - Consult written to military medicine to see if she's medically fit for further active duty. 3 - Recommend appropriate page 11 entries be made regarding her weight. 4 - Recommend that command consider whether her previous unreported marijuana use is grounds for separation based on fraudulent enlistment. 5 - I'll meet with her next week in follow-up, hopefully after she's been seen in military medicine. Will discuss findings with her then. Signed by Cdr. J.L. B_, MSC, USN, Clinical Psychologist.
971209:  Advised eligible but not recommended for promotion to Lance Corporal for January, FY98 promotion month due to assignment to remedial PT program.
980206:  Counseled for deficiencies in performance and conduct [failure to maintain Marine Corps weight standards or body fat percentage (26%)]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980323:  Advised eligible but not recommended for promotion to Lance Corporal for February, FY98 promotion month due to having a recent derogatory Pg. 11 entry.

980323:  Advised eligible but not recommended for promotion to Lance Corporal for April, FY98 promotion month due to assignment to weight control.

980409:  Advised eligible but not recommended for promotion to Lance Corporal for May, June & July, FY98 promotion month because of weight control.

980827:  Advised eligible but not recommended for promotion to Lance Corporal for August , FY98 promotion month because of weight control.

980910:  Advised eligible but not recommended for promotion to Lance Corporal for September, FY98 promotion month because of not passing a PFT while on weight control.

981015:  Advised eligible but not recommended for promotion to Lance Corporal for October, FY98 promotion month because of not passing a PFT while on weight control.

981025:  Advised eligible but not recommended for promotion to Lance Corporal for November & December, FY98 promotion month due to weight control.

990120:  Advised eligible but not recommended for promotion to Lance Corporal or January FY99 promotion month due to weight control.

990615:  Advised eligible but not recommended for promotion to Lance Corporal for February thru September FY99 promotion month due to being assigned to weight control.

991005:  Counseled for deficiencies in performance and conduct [failure to appear at appointed place of duty]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

991116:  Naval Medical Clinic Quantico (Mental Health Dept): Pt is a 22 year old, black female. Pt referred by command for emergent eval, due to tearfulness and concerns regarding suicidal ideation. Pt denies suicidal/homicidal ideations, but indicates several years of low mood, increased fatigue, decreased restful sleep and lots of nightmares. She states that she is upset today because she feels that her command is not doing anything to help her with financial problems she has incurred since birth of her baby 11 months ago, and receives no child support from father (who got out of USMC & moved to NJ about time baby was born). She's put in for hardship discharge due to finances (& single parenthood issues) which was "lost" at command for 6 months - then she had to re-submit 3 months ago & now told by 1 st Sgt that request denied, but has not received written response of the denial, as she has requested. Pt unwilling to send her baby "home to her Mom" as suggested by command to deal with often shift problems. Pt reports "anger & feeling sorry for self."
         Most important MSE findings: No suicidal/homicidal ideation. Mild anxiety and low grade-long term depressive symptoms reported, but AXIS II disorder predominate.
         Diagnosis:
 AXIS I: Dysthymia.
          AXIS II: Personality Disorder Order, NOS - with avoidant, dependent features.
         AXIS III: history of diabetes, overweight for standards.
          AXIS IV: Problems with primary support group, economic problems, legal problems.
         Treatment Plan: Follow-up with command regarding recommendation of administrative separation, personality disorder diagnosis existed prior to entry on active duty, provide supportive counseling as needed while awaiting discharge, treatment plan was discussed with patient, who voiced understanding, follow up appointment planned for 6 Dec 99.

991117:  Counseled for deficiencies in performance and conduct [personality disorder diagnosis]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
991124:  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 clinical psychiatric evaluation and in addition, it is the opinion of Doctor B_ that the personality disorder existed prior to entry into active duty.

991129:  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.

991203:  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. The factual basis for this recommendation is a diagnosis of personality disorder which existed prior to entry into active duty by a clinical psychiatrist at the Mental Health Department, Naval Medical Clinic, Quantico, VA, and Private First Class B_ (Applicant)'s own daily actions and thought processes.

991216:  SJA review determined the case sufficient in law and fact.

991216:  GCMCA [Commander, MCB Quantico, VA] advised the Commandant of the Marine Corps of 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 991222 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).

Issue 1. 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 adverse counseling entries on three occasions. The Board could not obtain the Applicant’s average proficiency and conduct markings. Under the presumption of regularity concerning this case and based upon assessments the Board reviewed by her chain of command of her performance and behavior, the Board presumed that her markings were below the standard required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

 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. Relief denied.

The Applicant 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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