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USMC | DRB | 2003_Marine | MD03-00154
Original file (MD03-00154.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00154

Applicant’s Request
The application for discharge review, received 20021023, requested that the characterization of service on the discharge be changed to honorable. 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 20030926. 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 four to one 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. I believe that I received an unfair discharge from the United States Marine Corps. I served three years and eight months of a four year enlistment. I had always wanted to serve by country even as a small child. I had dreamed I would fly with the Thunderbirds. Upon my enlistment I found out, much to my recruiters amusement, that women did not fly into battle. So I chose the next best thing. Working on them. I knew it would be a tough job and it was the challenge that drew me. I was not taking the easy way out by doing a desk job, or something more appropriate to my gender. I would do the job as well or better than my male counterparts. I had my work cut out for me as soon as I arrived. It took a lot to prove to the men in my shop that I could pull my own weight without having to be babied or catered to. Within the year I had broken the record for changing fuel nozzles on the C-1 30 against a Sergeant who had been on the job ten years and was the current record holder. I beat Ms time by over nine minutes. My Master Sergeant was proud of me. I was one of the only working females in his unit that was not tucked safely away in inventory control or the parts department. I was told by coworkers that I was the only female transient into the shop that actually worked instead of chatting all day or getting pregnant to avoid the heavy labor. As time went on, things happened as they do to everyone in life. You begin to feel the effects of choosing a branch of government that has a cap on the amount of females it allows. It was inevitable. You're extremely motivated and rather resilient in the beginning. However, over time the effects of constantly swimming against the tide takes its toll. I think back on how hard I had to fight for respect in a male driven world and see the result of how rarely I was ever seen as more than just a woman. Even in my own shop, no matter how hard I worked, twice as hard as the men, I still was not considered equal or part of their inner circle. I believe however, that I would have made it through the last four months of my enlistment had depression not taken such of a heavy toll on my attitude and outlook. I was tired constantly despite getting more than adequate sleep. I was on the verge of tears no matter what the situation. The tenacity that had carrying me so far along was ebbing and I no longer felt I had it in me to keep fighting. At the time of my decision to get out, I was going to counseling for an eating disorder through the military. I had been to a month long program and was now going to weekly group meetings. They had been helping for a white but towards the end it gave me no comfort at all. I felt as though I had no control over the situation anymore. Everything seemed to be spinning out of control. One day I woke up knowing that I had to get out of the military and get home to my family for support. I only had four months left but was mentally unable to finish them. I'm at a place now where I know I'll be taking antidepressants the rest of my life if I want to be successful in my endeavors. I want to state plainly and clearly that I not only served my country, but I served it well. I gave my MOS and the Marine Corps. everything I had in me. I never had any marks against my record and was never in trouble. I'm asking that you acknowledge that I dutifully served my country by giving all I had to give and that you bestow upon me the discharge I rightfully deserve. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                910916 - 920112  COG

 Period of Service Under Review :
Date of Enlistment: 920113               Date of Discharge: 950914

 Length of Service (years, months, days):

         Active: 03 08 02
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 82

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (8)                       Conduct: 4.4 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Letter of Appreciation

 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 :

931103:  Failed PFT. Placed on remedial PT program.

941031:  Counseled for deficiencies in performance and conduct. [Not met the Marine Corps Physical Fitness Standards. Failed a scheduled PFT and effective 941031, placed on the Remedial Physical Training Platoon for a period of 30 days.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950120:  Counseled for deficiencies in performance and conduct. [Effective 950120, assigned to the Weight Control/Military Appearance Program for the first time for failing to maintain weight/military appearance standards set forth in MCO 6100.10B.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950216:  Counseled for deficiencies in performance and conduct. [Competency review board held on 950215 for professionalism due to failure of 2 PFTs, unsatisfactory progress on weight control, and poor work performance, lack of PME.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950721:  Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired. There was a realistic threat that delays in separation may provoke self-destructive or suicidal behavior.

         AXIS I: No diagnosis.
         AXIS II: Personality disorder NOS with borderline and narcissistic features.

 950821:  Applicant notified of intended recommendation for honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological psychiatric evaluation. Applicant informed lowest characterization possible was under honorable conditions (general).

950828:  Applicant advised of her 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.

950828:  Commanding Officer recommended honorable discharge 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 diagnosed personality disorder coupled with an inability to function effectively in the military environment as evidenced by psychological evaluation, adverse entries on page 11 of your service record, and statements of supervisors.

950907:  SJA review determined the case sufficient in law and fact.

950907:  GCMCA [Commanding General, 2d Marine Aircraft Wing] 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 19950914 general (under honorable conditions) 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 disagrees with the Applicant’s assertion that her overall service record warrants an honorable discharge. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. 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 the award of adverse counseling entries that documented her substandard performance of duty. The Applicant’s performance falls short of that required for an honorable characterization of service. While she may feel that depression and treatment by fellow Marines were factors that contributed to her actions, the record is devoid of evidence that the Applicant should not be held accountable for her 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. While the NDRB respects the fact that the Applicant tried, her service is equitably characterized as being performed under honorable conditions (general). Relief is not warranted.

 The Applicant’s discharge characterization accurately reflects her service to her 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 she remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of her 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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