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USMC | DRB | 2002_Marine | MD02-01148
Original file (MD02-01148.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-01148

Applicant’s Request
The application for discharge review, received 020809, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant designated himself as the representative on the DD Form 293.

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 an impropriety and inequity in the reason for discharge and characterization of the Applicant’s service. The Board’s vote was three to two that the character and reason for discharge shall change. The discharge shall change to: HONORABLE/SECRETARIAL AUTHORITY, authority: MARCORSEPMAN Par. 6214.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

 Issues, as submitted

1. My discharge I consider to be inequitable to the affect of hindering my ability to use the Montgomery G.I. Bill. I enlisted to terms of being able to utilize the Montgomery GI Bill and was recently denied due to my type of Discharge.

2. Secondly I have the issue of being classed as a personality disorder which is also inequitable to my belief. Records I have show otherwise which I enclosed.

3. In conclusion I feel that as a civilian for the past seven years I have respectfully upheld my rights of humanity and compassion and hope you give this matter your respected attention.

Thank You, (Signed by the Applicant)

Applicant also indicated on the DD293 that additional issues were listed as an attachment to the application. None were found .

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 215
Copies of DD Form 214 (Copy #4 and #1)
Dept of VA's letter dtd Jun 10, 2002
VA's letter dated June 28, 2002, concerning Educational Assistance
Applicant's Criminal Record, dtd Aug 1, 2002 (2 pages)
Delgado Community College (Fall 2002) Tuition Fee and Course Schedule
Meritorious Mast Certificate for period 1 Jan 94 to 31 Mar 94
Meritorious Mast Certificate for 4 th of July celebration of 1994
Meritorious Mast Citation for 17 th Annual Bicycle Rodeo, dtd May 20, 1994
Letter of Appreciation from LTGEN G.R. C_, dtd May 4, 1994 w/endorsement

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                910826 - 920803  COG

 Period of Service Under Review :
Date of Enlistment: 920804               Date of Discharge: 960226

 Length of Service (years, months, days):

         Active: 03 06 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 53

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (9)                       Conduct: 4.2 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, LoA, NUC, MM

 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 :

930806:  NJP for violation of UCMJ, Article 134: On or about 2000, 930716 at 23 Area, MCB, CamPen, through negligence discharged a .45 cal pistol.
Awarded forfeiture of $200.00 per month for 2 months (suspended for 6 months), extra duties for 30 days (suspended for 90 days), reduction to E-2 (suspended for 6 months). Not appealed.
940909:  Applicant diagnosed as an alcoholic by CACC and was recommended for Level III treatment.

941019:  Naval Hospital, Camp Pendleton: Applicant admitted to Naval Addictions Rehabilitation and Education Department (NARED) for alcohol dependency.

941114:  Applicant discharged from NARED and returned to full duty as a Level III treatment failure for rule infractions and classified as being refractory to treatment.
950115:  Statement by 1stLT M_ H. O_, USMCR, recommending Applicant's discharge.
9505xx:  Applicant charged by the civilian authorities with driving under the influence of alcohol and illegal possession of a firearm.
950515:  Acknowledged eligibility but that he was not recommended for promotion to Cpl for the June Promotion period because of a civilian DUI charge.
950618:  Medical Board, Naval Hospital Camp Pendleton: Diagnosis - Right wrist closed displaced radial styloid fracture and Right acromioclavicular joint sprain. Placed on limited duty until December 14, 1995.
950731:  Emergency Room, Naval Hospital, Camp Pendleton: Psychological Dept - 21 year old male referred for eval of anger. There is no evidence of a major mental illness requiring treatment. At this time this isn't considered imminently dangerous to himself or others. He is responsible for his actions & should be held accountable. There is a pattern of severe personality pathology from childhood that isn't amenable to treatment available in the military. Examples of personality pathology includes illegal behavior, lying for his gain, impulsivity, aggressive behavior, disregard for others, irresponsibility and lack of reason.
                   AXIS I: Alcohol Dependence in partial remission, Paraphilia NOS.
                  AXIS II: Antisocial Personality Disorder.
                  AXIS III: S/P orthopedic procedure.
 Recommendations: (1) Continue with AA, (2) anger/stress management at FSC, (3) this member has a personality disorder so severe it impairs his ability to function in the USMC. Recommend administrative separation due to unsuitability.
950801:  Mental Health, Naval Hospital, Camp Pendleton, CA: Diagnosis: Antisocial Personality Disorder, Alcohol Dependence, Paraphilia, NOS. Has history of suicidal ideation/attempt/gesture, no potential for further useful military service.
         Disposition: Referred for Administrative Separation. Member has a Personality Disorder of such severity to render him unsuitable for further military service. Member has a medical certification in health record with an established diagnosis of personality disorder. Member has incurred no injury and has no defect aggravated by active military service.
950810:  Civilian Attorney advises Applicant that he entered the Applicant plea of guilty to driving with greater than .08 of alcohol and possession of a firearm. All remaining charges were dismissed. Court imposed three years informal probation on the following conditions:
1. Serve two days on the Sheriffs Work Release Program and must enroll in this program by August 23, 1995.
2. Pay a fine totalling $1,900.00 at the rate of $50.00 or more per month commencing September 20, 1995.
3. Must attend and successfully complete the Prevent Program through the military and proof of completion must be filed with the court by October 10, 1995.
Remaining conditions require you to remain generally law abiding and commit no same or similar offenses.
950921:  Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based on the Medical Officer's evaluation of 1 August 1995.

950925:  Applicant advised of his 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.
951011:  Statement by 2 nd LT W_ T. W_, USMC recommending the separation of Applicant.
951024:  Statement by GySgt J_ L._ M_, USMC recommending the separation of Applicant.
951031:  Medical Board, completion of limited duty, returned to full duty.

 951205:  Statement by SgtMaj C_ H. L_, USMC, recommending the separation of Applicant.

951206:  Commanding Officer, MWSS-372, MWSG-37, Camp Pendleton, CA, recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based on a psychiatric evaluation.

951218:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation, to wit: violated BO 5000.2H and CVC 22350, by driving his POV, aboard Camp Pendleton, CA on or about 1514, 8 Dec 95, after his base driving privileges had been suspended.
         Awarded reduction to E-2, forfeiture of $450.00 pay for 1 month. Not Appealed.
undated:         SJA review determined the case sufficient in law and fact.

960129:  GCMCA [CG, 3D MAW, MCAS El Toro] 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 960226 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 not proper or equitable (D and E).

Issues 1-3. The Board found that the applicant should have received formal counseling in page 11 of his service record book notifying him of deficiencies in his performance and/or conduct and recommended corrective actions based upon his medical diagnosis of a personality disorder on 950801. The discharge was improper because the Applicant was not formally counseled regarding his personality disorder and afforded an opportunity to correct his deficiencies prior to his separation. Without the specific basis of personality disorder as grounds for administrative separation, the Applicant’s service record would equitably warrant an honorable discharge. Relief is therefore granted.

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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