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USMC | DRB | 2003_Marine | MD03-00745
Original file (MD03-00745.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00745

Applicant’s Request
The application for discharge review was received on 20030320. The Applicant requests the reason for the discharge be changed to Mood disorder due to administration of Depo-Provera, 1996-97, in complete remission. The Applicant requests a personal appearance hearing before the Board in the Washington National Capital Region. The Applicant did not list any representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 20040422 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the reason for the Applicant’s discharge was discovered by the NDRB. The Board’s vote was unanimous that the narrative reason for discharge shall not change. The discharge shall remain: HONORABLE/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 am requesting a personal appearance hearing by the Naval Discharge Review Board. Included with this application is a full statement in support of a discharge review. I am requesting an appeal for the reason for discharge stated on my DD Form 214. The narrative reason for my separation is listed as Involuntary Discharge (Personality Disorder) which is a gross error of my personality characteristics and an improper diagnosis. I am appealing to the board that my narrative reason for separation be changed to Mood disorder due to administration of Depo-Provera 1996-97, in complete remission and that the corresponding categories of Separation Authority, Separation Code, and Re-entry code be re-evaluated and reassigned.

I have included with this form for appeal copies of all supporting documents. ”

 Additional issues submitted by Applicant’s counsel/representative ( VETERANS OF FOREIGN WARS, DISABLED AMERICAN VETERANS, AMERICAN LEGION , PRIVATE REPRESENTATIVE, CIVILIAN COUNSEL ):

“1. XXXXXXXXXXXXXXXXXXXXX.”

 Issues submitted by Applicant’s counsel/representative ( VETERANS OF FOREIGN WARS, DISABLED AMERICAN VETERANS, AMERICAN LEGION, PRIVATE REPRESENTATIVE, CIVILIAN COUNSEL ):
“1.XXXXXXXXXXXXXXXXXXXXXX.”

Submitted by Applicant subsequent to submission of application:

“1. XXXXXXXXXXXXXXXXXXXXXXXX.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant (2 pages)
Applicant’s DD Form 214 and DD Form 215
Partial copy of decisional document from documentary review, dated November 3, 1997
Letter from Licensed Psychologist, dated November 19, 2001
Letter from Clinical Social Worker, dated November 7, 2001
Medical documentation of first Depo-Provera injection, dated December 6, 1995 and December 7, 1995 (2 pages)
Narrative summary for admission diagnosis from U.S. Naval Hospital Okinawa for April 29, 1996 to May 2, 1996 (5 pages)
Applicant’s driver’s license
Applicant’s social security card
Letter from S_ L. F_, Ed. S., NCSP

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                931027 - 940821  COG

 Period of Service Under Review :
Date of Enlistment: 940822               Date of Discharge: 960814

 Length of Service (years, months, days):

         Active: 01 11 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 86

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (6)                       Conduct: 4.5 (6)

 Military Decorations: None

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

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (as upgraded by NDRB on 19971103):

HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

960502:  Applicant admitted to psychiatric ward of Naval Hospital Okinawa, Japan on 960429. Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired. Applicant presented a continuing risk of harm to self and/or others if retained on active duty.

         AXIS I: Occupational problem
         AXIS II: Personality disorder NOS with schizoid, avoidant, and self defeating traits
         AXIS III: Recent Salicylate toxicity with Pancreatitis, currently asymptomatic

 960604:  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 psychiatric evaluation. Applicant informed that the lowest characterization of service possible was under honorable conditions (general).

960605:  Applicant advised of 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.

960605:  Commanding Officer recommended discharge honorable for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation. The factual basis for this recommendation was Applicant’s diagnosed personality disorder. Applicant was referred to the Mental Health Department U.S. Naval Hospital Okinawa, Japan for evaluation of her emotional instability and suicidal ideations.

960613:  SJA disagreed with the Commander’s recommendation to separate Applicant with an honorable discharge. SJA commented that LCPL R_’s (Applicant’s) overall record, including her recent conduct, warranted a general discharge.

960620:  GCMCA [Commanding General, III Marine Expeditionary Force] directed the Applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

971103:  NDRB documentary record review Docket Number MD97-00987 conducted. Determination: discharge proper and equitable; relief warranted to Honorable.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960814 under honorable conditions (general) for convenience of the government due to a personality disorder (A and B), as upgraded by the Board during a documentary review on 19971103 to honorable for convenience of the government due to a personality disorder. 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 by competent medical authority to manifest a personality disorder on 19960502. The statements and documentation provided by the Applicant do not refute the presumption of regularity concerning the diagnosis and subsequent administrative separation. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief is therefore denied.

 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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