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USMC | DRB | 2002_Marine | MD02-01037
Original file (MD02-01037.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-01037

Applicant’s Request
The application for discharge review was received on 20020710. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040401. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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 stated

 Applicant’s issues, as stated on the application:

1. “I caught my wife with a friend that I went to Greece with. When I caught them in the barracks I went to the duty and filed a report. Later that week I asked my wife for a divorce. She then accused me of beating her up for the last year. Family advocacy got involved. I was arrested kicked out of my house. I was then given 30 days to find a home cause I couldn’t stay in the barracks. I was never told that if I didn’t do anything it would all be ok. I was told how it could go to a court martial or office hours were a sure thing. I would like to know if anything where is the help for the service member. Also I found out I was never legally married. She was still married to her ex-husband. I thought she was going back to California for custody things with her son. I found out it was for her divorce. Also that was not the first time she cheated on me. It was really hard to find out that the woman I loved was using me for the last two years. That the little boy I raised from age of 3 to 5 would no longer be part of my life. Every thing I owned was taken from me. When I never did anything wrong and I was treated like a criminal while she took everything of mine. Betrayed by my fellow marine, my command, and my wife. I don’t think I have a personality disorder. I think I just lost everything that was important to me and needed help not kicked out of the military.”

 Documentation
The Board was unable to locate the Applicant’s medical records and the Applicant was unable to provide a copy of the medical record. Additional, the Applicant’s service record did not contain the administrative discharge package and the Applicant was unable to provide a copy of it. However, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
College transcript (2 pages)
Applicant’s Proficiency/Conduct service record page
 Applicant’s ltr to the Board dtd Feb 25, 2004 concerning non-availability of service/medical record
 Letter of Recommendation from Capt S_ W. W_, USNR, Rocky Mountain College, dtd Feb 16, 2004
Letter of Recommendation from LtCol C_ A. M_, USAF ret., Asst Professor, Aviation, Rocky Mountain College, dtd Feb 9, 2004
Psychological Evaluation (Dept of VA/Rehab Services) dtd May 1, 2002 (10 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):

          Inactive: USMCR(J)                941012 - 950522  COG
         Active: USMC              950523 - 950825  ELS (Uncharacterized)
         Inactive: USMCR(J)                980709 – 981108  COG

 Period of Service Under Review :
Date of Enlistment: 981109               Date of Discharge: 010409

 Length of Service (years, months, days):

         Active: 02 05 01
         Inactive: None

 Age at Entry: 22                          Years Contracted: 5

Education Level: 12                        AFQT: 80

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (5)                       Conduct: 4.5 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter 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 :

010326:  NJP for violation of UCMJ, Article 128: Did on or about 010317 assault his wife; violation of UCMJ, Article 91: Did on or about 010317 violate a verbal order given by 1 st Sgt C_, to wit: SNM was told not to have any contact with his wife, SNM did violate the order by going to her house.
 Awarded reduction to E-2, forfeiture of $584.00 pay per month for 2 months (suspended for 6 months), restriction for 60 days. Not appealed.

 010409:  Discharged.

[ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010409 with a general (under honorable conditions) for convenience of the government due to a personality disorder (A and B). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

Issue 1. The documentation and statements provided by the Applicant did not refute the presumption of regularity in this case. The Applicant’s medical evaluation of January 5, 2002 does not invalidate an earlier diagnosis received while on active duty. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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 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 P1900.16E), 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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