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USMC | DRB | 2002_Marine | MD02-01304
Original file (MD02-01304.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD02-01304

Applicant’s Request
The application for discharge review, received 020910, requested that the reason for the discharge be changed to anything that will make him eligible for reenlistment. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030620. 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: UNCHARACTERIZED/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

Subj:    Request for a discharge and re-entry code change.
My request is that my re-entry code and my character of service be change due to
 the interest of re-joining the USMC reserve. My discharge inequitable because according to my final medical evaluation I may be eligible for reenlistment upon the removal of my disqualifying factor, the actual re-entry code and character of service is one that will not permit me re-join the USMC. At the time of my discharge I felt that I was being shafted and nobody there was willing to help me due to a number of incidents I experience, I was told that I had approve recruiters assistance the second day I got back from boot camp and on the day a was suppose to be flying to MCT Passed my flight time , fortunately, I called my recruiter to ask him at what time and in what uniform I should report to the office on the next day and he answer me that I will not be doing recruiters assistance because it was "not approve", he never called with or with out anticipation to inform me. On the day of my arrival on Camp Geiger I was told that I was not going to training on that week do to Easter weekend so I was integrated on forming Platoon, also regardless of my guarantied MOS (Military Police) they told me I was not going to MCT that I was going to SOI, later on due to my persistence it was review and change. To add to all this, my mother's health was not good due to a heart failure and my five years fiancé- was breaking up with me. I went to talk to the psychologist because at that moment I needed support and advisement of how to deal with my situation. The psychologist got to the diagnosis in approximated 1 0 minutes, I think that is a little bit fast to diagnose a personality condition by only asking me a few questions, but the reason of going to her was not to get a P.D. it was simply because I needed to talk to somebody willing to help me.
 Despite all the reasons I had at that moment it was a very immature action, and a action that was not the right one, it was not an honorable action, obviously I was not mature enough to deal with that situation, like the psychologist wrote on her report, I am not mentally ill I just didn't wanted to be there at that moment.
 Almost four years have pass since that incident and I have become a mature man, there is not a day that pass without me thinking of that big mistake I committed, but if there is a way of me re-joining, I am willing to try it. Now I am almost 26-years-old with a much stronger mind and with a grater understanding of what being responsible means, I realize my error and I want to do it right. I am still in an excellent physical condition and I have obtained a Bachelor Degree in criminal Justice, one that I didn't have when I first join the USMC, I have obtain good ASVAB scores, and I am also on my way to become a private pilot, and my mother has recuperated well of her heart surgery. All I am asking the Naval Council of personal Boards Is for a change on my re-entry code and my discharge to be change to an Administrative Separation so I could be able to re-join the USMC reserve. It is obvious that I have not been wasting my time; I have used this time out of the military to study and to prepare my self so I could be come a professional and be more productive in my society. I am willing to be submitted to psychological evaluation or any evaluation if necessary.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copies of DD Form 214 (2) (Unsigned)
Medical Document
Employment Recommendation Letter from R_ H_, Vice President-Marketing and Sales B. F_ & H_, Inc dated September 7, 2002
Letter of Support from J_ M. M_, Major (Retired), U.S. Army dated September 26, 2002
Employment Reference Letter from R_ E. C_, President, C_ & CO., Inc dated August 9, 2002
Federal Aviation Administration Airman Computer Test Report dated March 3, 2001
Commanding Officer Recommendation Letter for Administrative Discharge dated May 14, 1999
Psychological Evaluation dated April 8, 1999 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                981029 - 981214  COG

 Period of Service Under Review :
Date of Enlistment: 981215               Date of Discharge: 990514

 Length of Service (years, months, days):

         Active: 00 05 00
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 45

 Highest Rank: PVT

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (2)                       Conduct: 3.9 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

990408:  Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.

         AXIS I: Malingering.
        
         AXIS II: Personality Disorder NOS with immature features.
990413:  Commanding Officer, Mental Health Clinic, Naval Hospital, Camp Lejeune recommended that Applicant be expeditiously processed for discharge by reason of unsuitability.

990421:  Counseled for deficiencies in performance and conduct. [Diagnosed personality disorder.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990510:  Applicant notified of intended recommendation for uncharacterized discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation.

990510:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

990510:  Commanding Officer recommended discharge under uncharacterized conditions for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation. The factual basis for this recommendation was a personality disorder which is so severe that the ability to function effectively in the military environment is significantly impaired.

990514:  Commanding Officer, School of Infantry, Marine Corps Base, Camp Lejeune approved the Applicant's uncharacterized discharge for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was administratively separated on 990514 with an uncharacterized discharge 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. The Board does not consider the circumstances surrounding the Applicant’s documented condition of possessing a personality disorder during the time of his enlistment and implied incorrect diagnosis to be of sufficient nature to warrant a change to his characterization of service. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his less than six months in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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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