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USMC | DRB | 2002_Marine | MD02-01146
Original file (MD02-01146.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD02-01146

Applicant’s Request
The application for discharge review, received 020806, 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 list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation from the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030522. 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 four to one 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 due to a personality disorder, not because I was a bad Marine. Since then I have gone to counseling to help with the problems I had. I really feel like I deserve an Honorable discharge. My personality disorder was not something I could help at the time. I think that my disorder is the only reason I didn't receive an Honorable discharge. I loved being a Marine and still have great pride for the Marine Corps. I was even considering joining the Reserves after I had corrected my personality disorder, but was told that my reasons for discharge would not allow me to do so. I feel that my General discharge does not reflect the type of Marine I was. I loved boot camp and MCT and financial management school. My problems didn't seem to begin until my 1 st duty station. I was only there a year before I was discharged. I always tried to do my best in the Corps and being a female made that difficult at times. I always tried to prove that we were just as good as male Marines. I feel that only an Honorable discharge would truly refect my time in the Marine Corps.

Thank you for your consideration

 2. Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, ill her request that she be given the opportunity to change her Personality Disorder (Under Honorable Conditions) Discharge to an Medical (Under Honorable Conditions) Discharge.

The (FSM) entered the United States Marine Corp August 03, 1998 and separated on April 14, 2002 during this period the FSM committed no UCMJ Articles or infractions. The FSM narrative reason for character of service of discharge was (Personality) Discharge due to her requested separation due to pregnancy which was the subsequent reason she was separated from service with a General (Under Honorable Conditions) Discharge.

The (FSM) is now requesting to seek to correct the narrative of her discharge to reflect her service connected medical condition that she feels she should been medically separated from the Marine Corp for this reason. The FSM states she was never advised correctly on her military rights to include requesting a medical review and evaluation on her chronic problem back with occurring pain contributed to attempting to meet the physical and mental requirements of being on active duty in the USMC and meeting that active physical standards.

The (FSM) now respectfully requests an equitable standard be applied as well as equity in treatment in seeking the boards' approval to afford him the opportunity to receive a General (Under Honorable Conditions) Discharge as a member of the United Naval Services for what he considers were issues relating to his mental disorder in service.

The (FSM) sincerely hopes that by respectfully requesting and being granted an Honorable Medical Discharge from the U S Marine Corp, she feels this is a matter of Supreme Honor and Respect he will cherish throughout his lifetime. The FSM states she always give the Marine Corp all the due respect and consideration it deserved and in many cases she exceeded the somewhat higher requirements expected of their service members and in during so hurt and aggravated her back condition. The FSM states that this is the main reason that made her medically and military unsuitable for continued active duty service.

The (FSM) also states she had always tried to achieve Honor and Respect during her entire enlistment of military duty in the Marine Corp, she stated she always give the Marine Corp her all and all every instance in her enlistment and is now is paying for it for the rest of her life by having a chronically injured back service connected back. The DAV respectfully request that the (FSM) be given complete and duly consideration by the board.

We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now wishes to correct the General character of her discharge from Personality Disorder (Under Honorable Conditions) Discharge to a Medical Honorable Discharge.

We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant.

Respectfully
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                971014 - 980802  COG

 Period of Service Under Review :
Date of Enlistment: 980803               Date of Discharge: 000414

 Length of Service (years, months, days):

         Active: 01 08 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 61

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (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 :

990618:  Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired….

         AXIS I: Adjustment disorder with depressed mood, resolving.
         AXIS II: Histrionic and borderline personality traits.
         AXIS III: No diagnosis.
         AXIS IV: Routine military stressors.
         AXIS V: 60/80.
         Disposition: Fit for full duty….

 990728:  Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired.

         AXIS I: No diagnosis.   
         AXIS II: Personality disorder NOS with borderline and histrionic features.
         AXIS III: Pregnancy.
         AXIS IV: Routine military stressors; occupational dissatisfaction; financial strain.
         AXIS V: 60 (current).
         Recommendation: Strongly recommend expeditious administrative separation for unsuitability. Applicant presents a continuing risk of harm to self or others. The service member is not mentally ill and therefore is considered fit for full duty and is returned to the same.

 000403:  Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired.

         AXIS I: No diagnosis.
 AXIS II: Personality disorder NOS with borderline and histrionic traits.
AXIS III: None reported.
Recommendations: Strongly recommend expeditious administrative separation for unsuitability. This is a chronic problem and will not resolve with psychological intervention….

 000404:  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 as evidenced by psychological evaluation. Applicant was the subject of non-judicial punishment.

000406:  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.

000413:  GCMCA [Commanding General, Fleet Marine Force, Atlantic] directed the Applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000414 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 and 2. The Applicant’s discharge characterization accurately reflects her service to her country. 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. 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 one occasion and her continuing risk of harming other Marines. The Applicant’s conduct, which forms the primary basis for determining the character of her 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. An upgrade to honorable would be inappropriate. 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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