Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-01354
Original file (MD03-01354.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-01354

Applicant’s Request
The application for discharge review was received on 20030801. 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 review was conducted in Washington, D.C. on 20040608. 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. My discharge was inequitable because it was based on a remark I had made to an officer. I made a comment that I’d feel like hurting somebody. And my discharge was improper because my past life which was not listed on my enlistment documents where used in the discharge proceedings.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicant’s DD Form 214 (short version)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                020518 - 020527  COG

 Period of Service Under Review :
Date of Enlistment: 020528               Date of Discharge: 030212

 Length of Service (years, months, days):

         Active: 00 08 16
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 26

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (1)                       Conduct: 4.2 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Rifle Marksman Badge

 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 :

030205:  Statement from SgtMaj B.L. J_____.
030205:  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.

030205:  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.
030205:  Commanding officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder as evidenced by psychiatric evaluation. The factual basis for this recommendation was the diagnosis of a personality disorder as documented in your medical record by LCDR B____, dated 030204. LCDR B___ stated that PFC G___ is a current risk to harm others, that PFC G___ is unsuitable for Mental Health Department at Camp Lester, and that SNM should be administratively separated as soon as possible.

030206:  GCMCA [Commanding General] 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 20030212 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. 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 by a competent medical authority on 030204. 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 his 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      



Similar Decisions

  • NAVY | DRB | 2004 Marine | MD04-00236

    Original file (MD04-00236.rtf) Auto-classification: Denied

    On this basis, we petition the Board’s relief.In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded and his narrative reason be changed to Hardship because his in service mental health...

  • USMC | DRB | 2002_Marine | MD02-00125

    Original file (MD02-00125.rtf) Auto-classification: Denied

    Characterization of service is written “HONORABLE”, or “UNDER HONORABLE CONDITIONS (GENERAL)” or “ENTRY LEVEL SEPARATION” Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Affidavit from applicant (3pgs) American Legion Statement, 14 May 2002 Letter for Endorsement from D____ M____, CISSP, General Counsel Request for Records (3pgs) Cover Letter from Applicant Letter of Support from Lt Colonel, USAF, Ret, M____...

  • USMC | DRB | 2002_Marine | MD02-00143

    Original file (MD02-00143.rtf) Auto-classification: Denied

    MD02-00143 Applicant’s Request The application for discharge review, received 011022, requested that the characterization of service on the discharge be changed to honorable. I was told by the doctor that I would be able to reenlist there for I thought I would be able to come back into the Marine Corps, if I knew I would not be able to reenlist I would not of left. Applicant was subsequently diagnosed by medical authorities as suffering from an adjustment disorder.

  • NAVY | DRB | 2004 Marine | MD04-00234

    Original file (MD04-00234.rtf) Auto-classification: Denied

    Applicant is not mentally ill.AXIS I: Adjustment disorder (unspecified) AXIS II: Personality disorder not otherwise specified with Cluster B features. 990412: Counseled for deficiencies in performance and conduct. 990510: 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.

  • USMC | DRB | 2003_Marine | MD03-00016

    Original file (MD03-00016.rtf) Auto-classification: Denied

    In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts documentary (record) review prior to any personal appearance hearing. 020227: 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 Applicant’s conduct, which forms the primary basis for...

  • USMC | DRB | 1999_Marine | MD99-01222

    Original file (MD99-01222.rtf) Auto-classification: Denied

    921211: Counseled for deficiencies in performance and conduct. 930218: 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. The characterization of service should have been based on the applicant’s service record.

  • USMC | DRB | 2000_Marine | MD00-00765

    Original file (MD00-00765.rtf) Auto-classification: Denied

    980722: 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. st Force Service Support Group] directed the applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder. After a thorough review of the records, supporting documents, facts, and...

  • NAVY | DRB | 2004 Marine | MD04-00561

    Original file (MD04-00561.rtf) Auto-classification: Denied

    The boards decision to upgrade my discharge will help me in getting the opportunity to do just that.Regards,A_D_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 000906 - 001010 COG Period of Service Under Review :Date of Enlistment: 001011 Date of...

  • USMC | DRB | 2001_Marine | MD01-00146

    Original file (MD01-00146.rtf) Auto-classification: Denied

    MD01-00146 Applicant’s Request The application for discharge review, received 001115, requested that the characterization of service on the discharge be changed to honorable. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.920406: 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...

  • USMC | DRB | 2000_Marine | MD00-00920

    Original file (MD00-00920.rtf) Auto-classification: Denied

    psychiatrist as borderline personality disorder referred to in notice of intent (personality disorder) not found in service or medical records.950123: 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.950124: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B,...