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USMC | DRB | 2003_Marine | MD03-01259
Original file (MD03-01259.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-01259

Applicant’s Request
The application for discharge review was received on 20030718. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record 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 20040430. 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 truly feel that my discharge was improper and unfair because it was based on one incident that happened. I was discharged with a personality disorder. I don’t have a disorder, this was based on one incident. I was in an abusive marriage and having alot of issues with my husband. Its been almost 5 yrs since my discharge, I live a very normal life. I’m a working mother, I’m not on any medication or have seeked medical attention for a personality disorder. This is really affecting me, when I do try to apply for a better job, this information comes up and its not true. I’m trying to better myself for my son. I’m enrolled in school. I did serve in the Marine Corps, never got in trouble and feel that my discharge should be honorable.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from P_C_
Letter from G_C_

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                951229 - 960825  COG

 Period of Service Under Review :
Date of Enlistment: 960826               Date of Discharge: 981123

 Length of Service (years, months, days):

         Active: 02 02 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 37

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (8)                       Conduct: 4.1 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: None

 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 :

970922:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to lack of dedication to physical conditioning.]

971028:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to lack of dedication to physical conditioning.]

971117:  Counseled for deficiencies in performance and conduct. [Failure to maintain height and weight standards.]

971215:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to failure of the PFT.]

980114:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to failure of the PFT.]

980201:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to failure of the PFT.]

980301:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to pending disciplinary action.]

980421:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion.]

 980421:  NJP for violation of UCMJ, Article 86 (1 spec):
 Specification 1: UA from 0500 until 1400 on 980406
Awarded forfeiture of $330.00 per month for 1 month. Forfeiture of $115.00 susp for 2 months. Not appealed.
980812:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to being over maximum weight.]

980820:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to failure of the PFT.]

981014:  Counseled this date concerning your extreme difficulty in adjusting to the Marine Corps environment which adversely affects your ability to function effectively in a military environment and your unsatisfactory performance and conduct which is evidenced by your lack of reasonable effort. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

981016:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion due to being over maximum weight.]
981016:  Medical evaluation by a military psychiatrist:

         AXIS I: Adjustment disorder with depressed mood, resolved.
        
         AXIS II: Personality disorder, not otherwise specified, with cluster B features.

         Applicant agrees with recommendation for expeditious administrative separation.
981027:  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.

981028:  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.

981029:  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 and diagnosed personality disorder. The factual basis for this recommendation was the Applicant having a personality disorder so severe, it renders the Applicant unsuitable for further military service.

981109:  GCMCA [CG, MCB CLNC] 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 19981123 with a general (under honorable conditions) 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. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as general (under honorable conditions) 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 the award of nonjudicial punishment (NJP) on 1 occasion for violation of the Uniform Code of Military Justice (UCMJ) and numerous page 11 counselings. An upgrade to honorable would be inappropriate. Relief is therefore denied. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. Therefore, relief is denied.

The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 981016. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to her discharge at that time. 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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