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USMC | DRB | 2002_Marine | MD02-01236
Original file (MD02-01236.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD02-01236

Applicant’s Request
The application for discharge review, received 20020826, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to unit conflicts. The Applicant requested a documentary record discharge review. The Applicant listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030812. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety in the characterization and narrative reason of the Applicant’s service was discovered by the NDRB. However, an inequity in the characterization of service was discovered. Therefore, the Board’s vote was unanimous that the character of the discharge shall change. The narrative reason of the discharge will remain the same. The discharge shall change to: HONORABLE /PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. (Equity Issue) This former member has submitted a personal statement dated 020211 in which he explained that his difficulties began during his recruiting duty tour and the long hours and stresses of his responsibilities contributed to his inability to perform and to cope with his military responsibilities.

2. (Equity Issue) This former member requests that the Board consider the period of previous honorable service in assessing the merit of this application.

3. (Equity Issue) This former member further requests that the Board consider the average of his proficiency and conduct marks as they qualify him for an honorable discharge.

4. (Equity Issue) This former member requests that the Board consider the Good Conduct with which he performed his duties prior to the onset of his personality disorder.

5. (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.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, dated May 9, 2002
Applicant’s DD Form 214
Statement in support of claim, dated February 19, 2003
Meritorious Mast, dated September 28, 1999
Letter from Sergeant, USMC, dated December 17, 2002
Letter of appreciation, dated December 15, 1998
MCTFS Basic Training Record, dated June 29, 2001 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                960627 - 970818  COG
         Active: USMC              970819 - 001019  HON

 Period of Service Under Review :
Date of Enlistment: 001020               Date of Discharge: 011114

 Length of Service (years, months, days):

         Active: 01 00 24
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 54

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.7 (1)                       Conduct: 4.7 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NUC, MM (2), Letter of Appreciation (2)

 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 :

011022:  Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired. The Applicant posed a continuing risk of harm to himself and/or others.

         AXIS I: No diagnosis.
        
         AXIS II: Narcissistic personality disorder.

 011029:  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 psychiatric evaluation.

011029:  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.

011101:  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 psychiatric evaluation. The factual basis for this recommendation was Applicant’s mental health evaluation of 22 October 2001 and the Applicant’s inability to adapt to the demanding environment of Marine Corps Recruiting.

011109:  SJA review determined the case sufficient in law and fact.

011109:  GCMCA [Commanding General, Marine Corps Recruit] 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 20011114 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 but not equitable (D and E).

Issues 1-4. The Applicant was diagnosed with a personality disorder by a competent military psychiatrist on 20011022. No other narrative reason other than convenience of the government due to a personality disorder more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief is denied concerning the narrative reason for separation.

 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. Since the Board found no indication of negative aspects of Applicant’s service, such as counseling, non-judicial punishment, etc., the Applicant’s characterization of service should have been the “type warranted by service record.” Accordingly, a review of Applicant’s records indicated an honorable discharge was warranted. There was no adverse information that would have warranted a less favorable characterization. Therefore, relief is granted for the characterization of service.

 Issue 5. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review can be considered. Examples include documentation such as educational pursuits, verifiable employment record(s), and documentation of community service. At this time, the Applicant has not provided such documentation for the Board to consider. Therefore, no relief will be granted on this basis.
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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