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USMC | DRB | 2003_Marine | MD03-00929
Original file (MD03-00929.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00929

Applicant’s Request
The application for discharge review was received on 20030425. The Applicant requests the characterization of service received at the time of discharge be changed to honorable, and the narrative reason and RE code 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 20040401. 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: 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:

 1. “I SUFFERED A HEAD INJURY DURING THE FINAL WEEK OF BASIC TRAINING. THE INJURY RESULTED IN A “DARK SPOT” ON MY BRAIN SCAN. THE INJURY CAUSED HEADACHES & DIZZINESS. I WAS PRESCRIBED SO MANY MEDICATIONS I TOLD THE DOCTOR THAT I WAS “AFRAID I WOULD WALK IN FRONT OF A BUS”. THEY CALLED THAT “SUICIDAL IDEATION”, AND PROCESSED ME OUT ON THE BASIS OF A SUICIDAL PERSONALITY DISORDER.

IN THE MEDICAL RECORDS ATTACHED, YOU WILL FIND THAT ONE OF THE DOCTORS SPECIFIED MY CONDITION WAS NOT THE RESULT OF A PERSONALITY DISORDER, BUT RATHER WAS MORE LIKELY THAN NOT ATTRIBUTABLE TO THE BRAIN HEMMORAGE INCURRED IN THE LINE OF DUTY.

I WOULD LIKE TO RE-ENLIST AND COMPLETE MY MILITARY SERVICE. I AM NOW 25 YEARS OLD. AS REGARDS THE HEADACHES AND DIZZINESS, I HAVE BEEN SYMPTOM-FREE FOR MANY YEARS. I AM NOT NOW (NOR HAVE I EVER BEEN) SUICIDAL.

I HAVE BEEN TOLD THAT I CANNOT EVEN BE CONSIDERED FOR RE-ENLISTMENT UNTIL THE RE-4 CODE HAS BEEN CHANGED. THEREFORE, I RESPECTFULLY ASK THE BOARD TO REASSESS MY SEPARATION, AND CHANGE MY REENLISTMENT CODE TO ALLOW ME TO REAPPLY FOR MILITARY SERVICE.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Twenty-one pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 970609               Date of Discharge: 971215

 Length of Service (years, months, days):

         Active: 00 06 07
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.7 (3)                       Conduct: 4.1 (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 :

971104:  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.

971105:  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. Applicant presented a continuing risk of harm to self or others if retained on active duty. Recommended expeditious administrative separation.

         AXIS I: Anxiety disorder, NOS.

         AXIS II: Histrionic personality disorder.

         AXIS III: Migraine HA s/p head trauma.

 971117:  Applicant notified of intended recommendation for discharge uncharacterized for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation.

971117:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

971117:  Commanding Officer recommended an uncharacterized discharge 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 your immaturity, poor coping skills, and inability to adapt to military life.

971201:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] directed the Applicant's uncharacterized discharge for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged uncharacterized on 19971215 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. By regulation, members processed for discharge within the first 180 days of enlistment are given a characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his six months in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. Relief denied.

The Applicant was diagnosed with a personality disorder by a competent medical authority on 19971105. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.
Relief denied.

Concerning a change in reenlistment code, 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.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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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