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USMC | DRB | 2003_Marine | MD03-00016
Original file (MD03-00016.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00016

Applicant’s Request
The application for discharge review, received 20020925, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing before the Board in the Washington National Capital Region. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts documentary (record) review prior to any personal appearance hearing.

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 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 submitted

1. Overall military performance was honorable, however, was discharged due to a medical condition. a) at basic training had difficulty with stressful situations. One of the Drill Instructors was moved to another platoon because he struck me. This and other instances resulted in a psychological evaluation.
b) Upon arrival at my 1 st unit was subjected to numerous instances of hazing. Marines of various ranks did this hazing! (LCpl to 1 st Sgt)
c) My father reported the hazing by the 1 st Sgt directly to the Bn XO and Sgt Maj who took corrective action. d) I was screened at my 1 st unit and sent to the Division Psychologist for evaluation and treatment. While I was discharged for medical reasons my discharge was general under honorable conditions. I request that it reflect my Honorable service by being upgraded appropriately to an Honorable Discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214
Permanent Student Record, dated July 31, 2003
Marine Corps Exchange Exceptional Employee of the Month Award, dated June 18, 2003
Certificate of Appreciation, dated June 18, 2003
Certificate of Recognition, dated May 30, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                001005 - 010729  COG

 Period of Service Under Review :
Date of Enlistment: 010730                        Date of Discharge: 020322

 Length of Service (years, months, days):

         Active: 00 07 23
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 45

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (2)                                Conduct: 4.2 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 6

 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 :

020123:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 0700, 020116 to 1200, 020122 (6 days).
Awarded forfeiture of $257.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture suspended for 3 months. Not appealed.
020207:  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. Applicant was considered to be at continuing risk of harm to himself and/or others.

         AXIS I: Personality disorder with immature features.

 020215:  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.

020215:  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.

020227:  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 personality disorder which makes him unable to adapt to military life, as confirmed by his psychiatric evaluation of February 7, 2002.

020308:  SJA review determined the case sufficient in law and fact.

020308:  GCMCA [Commanding General, 4 th Marine Expeditionary Brigade (AT)] 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 20020322 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).

Issue 1. 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 the risk of harm he posed to himself and/or other Marines. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls short of that required for an honorable characterization of service. While he may feel that the alleged hazing incidents he was subject to were factors that contributed to his actions, the record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. An upgrade to honorable would be inappropriate. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his 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. 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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