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USMC | DRB | 2003_Marine | MD03-00427
Original file (MD03-00427.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00427

Applicant’s Request
The application for discharge review was received on 20030116. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031121. 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 stated

 Applicant’s issues, as stated on the application:

1. “My separation from service was due to a personality disorder. My discharge lowered from a recommended honorable discharge to a general discharge under honorable conditions because of periods of unauthorized absences during my time of service. These absences occurred due to the time it took for my separation to take place. On July 25, 2000, Dr. H_ recommended that I be expeditiously discharged in accordance with MARCORSEPMAN paragraph 6203.3 by reason of unsuitability. However, my discharge did not take place until January 5, 2001. It was during this time period that my personality disorder was aggravated by the failing health status of my grandparents, whom acted as my guardians, thus, causing the periods of unauthorized absences. Under this circumstance, I am asking that my discharge be upgraded to an honorable discharge. Sincerely, R_ R_ (Applicant)”

Additional issues submitted by Applicant’s representative (American Legion):

“2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 215, dated March 28, 2001
Applicant’s DD Form 214 (Member 1)
One page from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990128 - 990919  COG

 Period of Service Under Review :
Date of Enlistment: 990920               Date of Discharge: 010105

 Length of Service (years, months, days):

         Active: 01 03 16         Does not exclude lost time
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 59

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 51

*No Marks Found in the service record

 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 :

000725:  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. May pose a continuing risk to do harm to self or others and negatively impact unit morale if retained in naval service. Psychiatrically unsuitable for further service.

         AXIS I: Adjustment disorder with depressed mood.
         AXIS II: Personality disorder not otherwise specified with borderline features.
         AXIS III: None noted.
         AXIS IV: Routine military Stressors.
         AXIS V: Current GAF 60.

 001109:  NJP for violation of UCMJ, Article 86:
 Specification: Absent from appointed place of duty on 1630, 001020-1700, 001030 (10 days).
Awarded forfeiture of $563.00 per month for 2 months, restriction and extra duties for 45 days. Not appealed.
010103:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0730, 001124 to 1400, 010103 (41 days/surrendered).
Violation of UCMJ, Article 134:
Specification: Broke restriction from 001124 to 010103.
Awarded forfeiture of $521.00 per month for 2 months, restriction for 60 days, reduction to Pvt. Not appealed.
010103:  Applicant notified of intended recommendation for discharge under other than honorable conditions for minor disciplinary infractions and for the convenience of the government due to personality disorder, based upon a diagnosed personality disorder.

010103:  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.

010103:  Commanding Officer recommended discharge under other than honorable conditions due to minor disciplinary infractions and 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 diagnosis from the Naval Hospital, Camp Lejeune, North Carolina. The respondent was diagnosed at the Mental Health Clinic on 25 July 2000 by Doctor H_ as manifesting a long-standing character and behavior disorder which is of such severity as to interfere with the respondent to effectively function in the military environment, SNM was diagnosed as having a Axis II, personality disorder and has been found fit, but unsuitable for continued military service. The Applicant received two non-judicial punishments and had two other cases of unauthorized absence, but was not charged because he checked himself into the Naval Hospital Mental Health Unit.

010104:  SJA review determined the case sufficient in law and fact.

010104:  GCMCA [Commanding General, II Marine Expeditionary Force, Camp Lejeune, NC] 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 20010105 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 two non-judicial punishments. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. The fact that the Applicant was not discharged until five months after he was diagnosed with a personality disorder does not mitigate his misconduct. 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 is inappropriate. Relief denied.

Issue 2. 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 occurred 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, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate the offenses for which the characterization of service was awarded. 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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