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USMC | DRB | 2003_Marine | MD03-00494
Original file (MD03-00494.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00494

Applicant’s Request
The application for discharge review was received on 20030127. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the narrative reason be changed. The Applicant requests 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 20031229. 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 and narrative reason 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. “Hello I am writing in regards to having my discharge upgraded to an Honorable because I am interested in a law enforcement position with the Texas Dept. of Public Safety. I am 24 yrs old and have been working with a Sheriffs Dept. as a detention officer for 2 yrs, for which I am certified. I am eligible to work in a state correctional center but am held back from a federal detention (prison) because of my discharge.
I want to work for a state police dept. so that I can advance in my career for myself and my wife & kids.
Honestly I have to admit that I am disappointed in myself for not being able to finish my enlistment, but I also realize that I was young and not ready for the responsibility of being a US Marine.
I ask that you take this into consideration, and help me get on with my life. I have sent with this application the Texas Dept. of Public Safety employment requirements showing where they require an Honorable Discharge for which I am seeking.

I am sending attachments marked by asterisks with this application.”
Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Texas Department of Public Safety employment requirements (3 pages)
Applicant’s driver license
Jailer license, issued April 5, 2001
Applicant’s social security card

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970829 - 970914  COG

 Period of Service Under Review :
Date of Enlistment: 970915               Date of Discharge: 990415

 Length of Service (years, months, days):

         Active: 01 07 01         Does not exclude lost time
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 42

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages:

Proficiency: 3.1                           Conduct: 2.1

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 176

 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 :

980217:  Applicant to unauthorized absence 0700, 980217.

980218:  Applicant from unauthorized absence 0100, 980218.

980222:  Applicant admitted to Naval Hospital, Camp Pendleton, CA.

980223:  Applicant discharged from Naval Hospital, Camp Pendleton, CA. 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 and that he was unsuitable for further service. Recommend expeditious entry level separation. Applicant is considered a risk to himself and others.

         AXIS I: Adjustment disorder with depressed mood.
         AXIS II: Borderline traits.

 980415:  Applicant to unauthorized absence 0700, 980415.

980515:  Applicant declared a deserter.

981007:  Applicant from unauthorized absence 0700, 981007 (174 days/surrendered).

981201:  Special Court Martial:
         Charge I: violation of the UCMJ, Article 86:
         Specification: Unauthorized absence 980415 - 981007.
         Findings: to Charge I and specification thereunder, guilty.
         Sentence: Forfeiture of $617 per month for 6 months, restriction for 60 days.
         CA 981215: Sentence approved and ordered executed.

990119:  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 psychological evaluation.

990119:  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 and to submit a statement.
990119:  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 psychological evaluation. The factual basis for this recommendation was Applicant’s service record and the reason for this action and the Marine’s psychological evaluation.

990220:  Counseled for deficiencies in performance and conduct. [Unauthorized absence from appointed place of duty on 0630, 980217. Applicant relied on another Marine to give him a ride from San Diego to Camp Pendleton but was unable to get that ride. Regardless, Applicant was UA for one day and made no effort to call the DNCO or the OOD.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990302:  Counseled for deficiencies in performance and conduct. [You have been diagnosed with a personality disorder which hinders your ability to continue training.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990305:  MHC, Naval Hospital, Camp Pendleton, CA: Diagnosis: Avoidant personality disorder.

990323:  GCMCA [Commanding General, 1 st Marine Division (Rein)] 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 19990415 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. The Applicant was diagnosed with an adjustment disorder by a competent medical authority on 19980223 that rendered him unfit for further service. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. 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 one special court-martial, low performance and conduct averages, and adverse counseling entries on other occasions. 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. An upgrade to honorable is inappropriate. 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, to enhance employment opportunities, or for 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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