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USMC | DRB | 2003_Marine | MD03-00573
Original file (MD03-00573.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00573

Applicant’s Request
The application for discharge review was received on 20030213. 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 Disabled American Veterans as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 040114. 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. “I received a general under honorable conditions discharge for a personality disorder. Later after discharge the VA diagnosed me with bipolar disorder . Which is a disorder that I did not know I had at the time of enlistment.”

Additional issues submitted by Applicant’s counsel/representative (DISABLED AMERICAN VETERANS):

2. “After review of the Former Service Member (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General Under Honorable Conditions, to an Honorable discharge.

The FSM served on active service from July 12, 1999 to March 20, 2002 at which time he was discharged due to Personality Disorder.

The FSM contends the current discharge is improper because this General discharge is based on a personality disorder, and not misconduct or poor performance. Maintaining that with the basis of personality disorder for a discharge the character of that discharge must be Honorable in accordance with Navy regulations and the Department of Defense Instructions.

An impropriety will be held to exist when there is an error of fact, law, procedures, or discretion associated with the discharge at the time of issuance; and that the rights of the applicant were prejudiced thereby ( such error shall [and does] constitute prejudicial error, as we believe there is doubt that the discharge would have remained the same if the error had not been made, to include any changes in Navy policy made expressly retroactive to this type of discharge under consideration. See, 32 CFR 724.902.

This creates a need for a review of the application of the standard, for the Board to determine that the applicant’s discharge was improper. The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted. See, SECNAVIST 5420.174C.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.

Under the premises of equitable relief, we believe the Board can change the current discharge to reflect an Honorable discharge.
We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of Disabled American Veterans Claim Letter dated September 12, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                990331 - 990711  COG

 Period of Service Under Review :
Date of Enlistment: 990712               Date of Discharge: 020320

 Length of Service (years, months, days):

         Active: 02 08 09
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 70

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA*                          Conduct: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge (2 nd ), SSDR

 Days of Unauthorized Absence: None

*No marks were available for review

 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 :

000717:          Counseled for deficiencies in performance and conduct. [Failure to conform to the Marine Corps standards for personal body weight and body fat.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010201:  Counseled for deficiencies in performance and conduct. [Failure to conform to the Marine Corps standards for personal body weight and body fat.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010807:  Counseled for deficiencies in performance and conduct. [Failure to conform to the Marine Corps standards for personal body weight and body fat.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

011023:  Medical evaluation by a military psychiatrist concluded that the Applicant
         is not considered mentally ill. He has no psychiatric diagnosis that would necessitate a referral to the Physical Evaluation Board. He is returned to full duty and should be held accountable for his actions. Applicant stated he hates everything about the Marines. He adds that when the rest of his unit is gone he drinks more “because he can get away with it.” He stated he sometimes steals socks and T-shirts from the laundry room “just to piss people off.”
020114:  Medical evaluation by a military psychiatrist concluded that the Applicant does not require and will not benefit from hospitalization or psychiatric treatment at this time. Although not considered imminently suicidal or homicidal, the member is judged to represent a significant and ongoing risk to self and others due to low impulse control secondary to his personality disorder. The Applicant’s diagnoses are Adjustment Disorder with Mixed Anxiety and Depressed Mood, Personality Disorder Not Otherwise Specified with Antisocial and Narcissistic personality features.

020129:  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 psychiatric evaluation.

020129:  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.

020130:  Counseled for deficiencies in performance and conduct. [SNM was diagnosed with adjustment disorder with mixed anxiety and depressed mood, and personality disorder not otherwise specified with antisocial and narcissistic personality features.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020130:  Counseled concerning the commencement of an Administrative Separation package, General (under honorable conditions) due to a personality disorder, and inability to perform/function in the military.

020131:  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 that you were diagnosed on 020115 with adjustment disorder with mixed anxiety and depressed mood, and personality disorder not otherwise specified with antisocial and narcissistic personality features by the Staff Psychiatrist, Mental Health Unit, Naval Hospital 29 Palms, CA. This diagnosis was directly related to an incident on 020108 in which you were taken to the Naval Hospital after cutting both of your wrists with a razor and a medical catheter.

020318:  GCMCA [Commanding General, 1 st MARDIV (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 20020320 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).

 Issues 1 and 2. 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. The Applicant’s service was marred by adverse counseling entries on several occasions and overall poor performance and conduct. The Board presumed his average proficiency and/or conduct markings were below the standard required for an honorable discharge. While he may feel that his alleged post-service diagnosis of bipolar disorder was a factor that contributed to his actions, the Board found insufficient evidence of a medical condition during his enlistment that mitigates his performance and conduct shortcomings. The record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The evidence of record does not demonstrate 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. 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. 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, 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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