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USMC | DRB | 2003_Marine | MD03-00074
Original file (MD03-00074.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00074

Applicant’s Request
The application for discharge review, received 20021010, requested that the reason for the discharge be changed to hardship. The Applicant requested a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030912. 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 reason for discharge shall not change. The discharge shall remain: HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. My discharge was improper because the issues pertaining to my discharge were a hardship, not a personality disorder. While my family problem that led to my discharge was occurring, I utilized my chain of command to try and resolve the situation. I asked for everything from a temporary change in duty stations, to an assignment to a reserve unit. All my requests were denied. I am asking for this change in status because my family situation has changed and I would like to have another opportunity to serve my country in the Armed Forces. Thank you for your consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (Copy 4 and 1)
Copy of BCNR application (DD Form 149) dtd Feb 15, 2002
Service Health Record entry dtd Mar 3, 1997 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                950818 - 960805  COG

 Period of Service Under Review :
Date of Enlistment: 960806               Date of Discharge: 970428

 Length of Service (years, months, days):

         Active: 00 08 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 69

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (1)                       Conduct: 4.3 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: PFC

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

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

 Chronological Listing of Significant Service Events :

970303:  Branch Medical Clinic, Camp Lejeune, NC: 18 year old male, active duty, with 8 months continuous service, was escorted to BAS by Chaplain. Chaplain reports speaking to pt and his mother on several occasions & that he feels uneasy in regards to pt’s current frame of mind. Pt reports having a fiancée who is currently pregnant & due to deliver in October. She is also graduating from high school in the summer. Pt reports that he is in receipt of orders for Okinawa upon graduation on 5 Mar 97. He reports that he feels that he has to be there for his fiancée & that if he can’t, that he just doesn’t know what he’ll do. The pt reportedly is very close to his mother and has traveled to Pennsylvania to see his fiancée and mother every weekend while here. The pt reports that he has had no appetite, decreased concentration & inability to sleep since finding out about his orders 2 wks ago. Reports frequent episodes of crying and confusion. When specifically asked, he denied suicidal or homicidal ideations/plans/intent.
         Assessment: Adjustment Disorder with depressed mood.
         Plan: Mental Health Unit consult, pt to MHU at 0800 Apr 3, 97 for consult, delivery/triage. May consider Med Hold pending MHU recommendation. Pt contracted to safety with doctor verbally. Return to counseling. Pt returns as necessary.
970325:  Staff Psychiatrist, Naval Hospital, Camp Lejeune: Evaluation of member found that he has symptoms consistent with Personality Disorder, Not Otherwise Specified, Dependent and Immature features. Member is not mentally ill and is responsible for his own behavior. However, member does have a personality disorder which is so severe that ability to function effectively in the military environment is significantly impaired. Although not imminently suicidal or homicidal, due to his maladaptive pattern of behavior, he poses a continuing risk for harming himself, and for negatively impacting unit morale and effectiveness. Persons with this personality type are continually in crisis and often consume considerable command attention and resources with little return. He is utterly unmotivated for continued service. Member does not require and will not benefit from psychiatric hospitalization. Member has made a poor adjustment to the demands of military service despite appropriate leadership, counseling, discipline or other appropriate methods. Therefore, it is strongly recommended that 6105 entry be waived and member be processed expeditiously by local command for an administrative discharge in accordance with MARCORSEPMAN, Para 6203.3 , by reason of unsuitability without recourse to further psychiatric evaluations, hospitalization, or medical board. Member has been offered supportive follow-up by Mental Health pending administrative separation. Pending separation, member should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties.

970401:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation on 25 March 1997.

970403:  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.

970410:  Commanding Officer recommended an honorable discharge for the convenience of the government due to a personality disorder, based upon a an evaluation and subsequent diagnosis by the Psychiatric Department of the Naval Hospital, MCB, Camp Lejeune indicating that member is suffering from a personality disorder and the disorder impairs his ability to effectively function in a military environment.

970422:  GCMCA [Commander, Marine Corps Base, Camp Lejeune] directed the Applicant's honorable discharge for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 19970428 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 Applicant was diagnosed with a personality disorder on 19970325 by a competent medical authority. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. 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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