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USMC | DRB | 2003_Marine | MD03-00270
Original file (MD03-00270.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00270

Applicant’s Request
The application for discharge review, received 20021121, 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 20031017. 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: UNCHARACTERIZED /PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

 Applicant’s issues, as stated on the application:

 “Please consider the following:

Request Approval for Re-entry Code upgrade from RE-3D to RE-1J. Purpose of upgrade is for active duty enlistment into the U.S. Air Force.

I am requesting a response back in writing to assure that my appeal has been denied or approved with appropriate documents proving to do so.

My Discharge from the USMC was inequitable because it was based on one isolated incident in less than 8 months of active service rendered, thus, was not adversed with no other action pertaining to the incident.

I believe my Discharge was unjust only for the fact...I submitted an approval request for an Authorized Leave to my supervisor which was denied. Purpose of the Leave was to settle personal issues that were on-going at home and immediately return back to my duty station as early as possible. My intentions were never to stop serving the USMC and my country. However, my personal issues at home required immediate attention and I had no other recourse, but to request for a Discharge from the USMC. Discharge was approved.

Due to the early Discharge from the USMC, my DD Form 214 reflected as "UNCHARACTERIZED" in Block 24 (Character of Service) and ‘HFXl” in Block 26 (Separation Code).

If the Board can grant me with an Upgrade of Re-entry Code to RE-1J, I can pursue my initial intention to serve my country and most likely, a rewarding career. In addition, this would provide me an opportunity to excel and better myself.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Orders transferring Applicant to SOI, MCB Camp Geiger, Camp Lejeune, NC.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970730 - 980119  COG

 Period of Service Under Review :
Date of Enlistment: 980120               Date of Discharge: 980917

 Length of Service (years, months, days):

         Active: 00 07 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.4 (3)                       Conduct: 3.3 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 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 :

980604:  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: No diagnosis.
         AXIS II: Borderline and Dependent personality features.
         AXIS III: Lyme Disease.

 980615:  NJP for violation of UCMJ, Article 115:
 Specification: Avoid training, feigned passing out on 0300, 980608.
Awarded forfeiture of $242.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
980625:  Clinical Psychological Evaluation (SF 600): Previously evaluated on 4 Jun 98. At that time wanted an MOS change. That was denied and now he wants out of the Marine Corps.

         AXIS I: Occupational Problem
         AXIS II: Personality Disorder, NOS, with Borderline and Dependent personality features.
        
         Recommend administrative separation due to personality disorder.

 980626:  Commanding Officer, Naval Hospital, Camp Lejeune: Diagnosed with a severe Personality Disorder. Member manifests a long-standing disorder of character and behavior, which is of such severity as to interfere with his ability to function effectively in the military environment. It is strongly recommended that the member be processed expeditiously for an administrative discharge by reason of unsuitability.

980716:  Applicant notified of intended recommendation for discharge with an uncharacterized characterization for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation.

980716:  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.

980716:  Commanding officer recommended discharge with an uncharacterized service 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 his personality disorder.

980908:  GCMCA [Commanding General, Marine Corps Base, Camp Lejeune, NC] directed the Applicant's discharge with an uncharacterized discharge by reason of convenience of the government due to a personality disorder.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980917 with an uncharacterized service 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).

 Concerning the Applicant’s issue, 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 was diagnosed with a " Personality Disorder, NOS, with Borderline and Dependent Personality Features " by competent medical authority at the Mental Health Clinic, Naval Hospital, Camp Lejeune, NC, and was recommended for expeditious administrative separation from the Marine Corps (A, Paragraph 6203). Therefore, the Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of his discharge, and the discharge was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history. Relief denied.

A member’s “uncharacterized” discharge can be considered for an “honorable” characterization if there were any unusual circumstances regarding performance or conduct in the Applicant’s service record which would merit such a change. The Applicant’s service record is devoid of any circumstances, which would merit such a consideration. Conversely, the Applicant’s record is marred by the awarding of non-judicial punishment (NJP ) for violation of UCMJ Article 115, Malingering.

With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.
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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