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USMC | DRB | 2003_Marine | MD03-00959
Original file (MD03-00959.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD03-00959

Applicant’s Request
The application for discharge review was received on 20030505. The Applicant requests that the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance discharge review before a traveling panel closest to Bronx, New York. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. Subsequently, the Applicant obtained representation from the Veterans of Foreign Wars.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 20040415. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discovered no impropriety or inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without admin discharge board), authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

 Applicant’s issues, as stated on the application:

1. “On July 27, 1988, I enlisted in the Marine Corps with every intention of completing my contracted time. After boot camp, I was shocked to find that my MOS was in Mortars and not Military Police as promised by my recruiter. I tried to complete the training but I was not doing well and was eventually transferred to a new MOS and new company. But by this time, I began re-evaluating my reason for enlistment. Family issues also distracted me. I felt I did not enlist to be a burden or make mistakes. Eventually, I was discharged on April 15, 1989 with separation code JFV7 Re-enlistment code: RE3P, character of service “under honorable condition”.
In 1991, I reconsidered my decision and attempted to reenlist. With help from my local congressman and Marine recruiter, my enlistment code was changed to RE3C. I wanted to reenlist to repair any damage my discharge may have done. But something happened. The Recruiter failed to continue the process despite numerous calls I made to him. After a few months, with no response from the Recruiter, I felt that the Marine Corps did not want me back, so I stopped my attempts at re-enlisting.
At this time, I am applying for a law enforcement position with the US. Capitol Police. Though I had passed the written portion of the exam, I have been told that I cannot continue the process unless the discharge code is changed to “Honorable”. I am well qualified for this position and wish to continue the process. Throughout the past 15 years, as my resume shows, I have continued to maintain security positions, both as officer and manager, improving myself and providing for my family. Please allow me this opportunity to continue serving my country.”

Additional issue submitted by Applicant’s counsel/representative (VETERANS OF FOREIGN WARS):

2. “Equity”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant, undated
Applicant’s DD Form 214 (2)
Applicant’s DD Form 215 (2)
Character reference, dated April 22, 2003
Applicant’s résumé
Nineteen pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                870814 - 880725  COG

 Period of Service Under Review :
Date of Enlistment: 880726               Date of Discharge: 890414

 Length of Service (years, months, days):

         Active: 00 08 19
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 65

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.7 (2)                       Conduct: 3.7 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without admin discharge board), authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

890215:  Counseled concerning the Enlisted Substandard Performance Program and your deficiencies. [Personality disorder which is so severe that it adversely affects your ability to function effectively in a military environment and your failure to participate in training caused thereby.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890310:  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.

         AXIS I: (Provisional) Adjustment disorder with work inhibition vs character pathology.

         AXIS II: Personality disorder with passive-aggressive features.

 890313:  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.

890315:  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.

890324:  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 psychiatric evaluation. The factual basis for this recommendation was your demonstrated inability to adjust to military life and unsuitability for further military service as manifested by your inability to overcome the personality disorder which adversely affects your ability to function effectively in a military environment and your associated deficiencies in training.

890405:  GCMCA [Commanding General, Marine Corps Base, 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 19890414 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: The Applicant was diagnosed with a personality disorder by a competent medical authority on 19890310. The Board does not consider the circumstances surrounding the Applicant’s stated condition and the Applicant’s implied incorrect diagnosis to be of sufficient nature to warrant an upgrade to his characterization of service. 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 performance evaluation average, with counseling sheets, forms the primary basis for determining the character of his service. The Applicant’s average fell below the standard for honorable characterization of service and an upgrade is inappropriate. Relief denied.

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, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

















Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the
Marine Corps Separation and Retirement Manual, ( MCO P1900.16C), Change 1, effective 06 Apr 83 until 26 Jun 89.
B. Table 6-1, Guide for Characterization of Service of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16C), Change 1, effective 06 Apr 83 until 27 Jun 89.

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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