Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-01355
Original file (MD03-01355.rtf) Auto-classification: Denied


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

ex-SGT, USMC
Docket No. MD03-01355

Applicant’s Request
The application for discharge review was received on 20030807. 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 4 to 1 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:

“As can be seen on the attached documents, I was:

1. Involuntarily separated by reason of Convenience of the Government.
2. Separated due to a medical condition (Personality Disorder).
3. Recommended for an Honorable Discharge by my Commanding Officer.
4. Received high proficiency and conduct marks throughout my enlistment to the rank of Sergeant (4.6/5.0, 4.6/5.0).
5. Received as a Sergeant my first and only fitness report recommending me for promotion and stated I was “One of the few exceptionally qualified Marines”.

Given all the above information and all other information in my Service Record Book, I do not understand how I was given anything but an Honorable Discharge. My Chain of Command understood that the emotional and mental problems I was going through could not be avoided, mainly given the genetic history of such problems in my family, and that even at my worst times, I gave the Marine Corps everything I had. During my nearly four years of Active Service I received Non-Commissioned Officer of the Quarter twice for my Unit, received a Good Conduct Metal and a Navy Achievement Metal, as well as other metals, ribbons, and certificates.

I thank you for taking the time to review my discharge, and I hope you will see the invalidity of my current discharge.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Documents from Applicant’s service record book (5 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                960427 - 960709  COG

 Period of Service Under Review :
Date of Enlistment: 960710               Date of Discharge: 000609

 Length of Service (years, months, days):

         Active: 03 11 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

Education Level: 12                        AFQT: 87

 Highest Rank: SGT

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (6)                       Conduct: 4.6 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, NUC, COC (2), NMCAM, COA, GCM, Rifle Sharpshooter

 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 :

000202:  Medical Physician’s evaluation concluded that the Applicant’s personality disorder is not currently dangerous, but he is very likely to harm himself if not separated.

         AXIS I: Adjustment Disorder with DM, chronic
         AXIS II: Personality Disorder NOS with Borderline & Narcissistic features currently not dangerous, but is very likely to harm himself if not separated.

 000414:  Applicant notified of intended recommendation for discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder.

000414:  Applicant advised of rights and having elected 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.

000414:  Commanding officer recommended discharge with character of service being honorable for the convenience of the government due to a personality disorder. The factual basis for this recommendation was your personality disorder. Your performance and conduct otherwise conforms with established standards.

000508:  Counseled for deficiencies in performance and conduct. [Personality Disorder] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000519:  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 20000609 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 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. Under Paragraph 6203 of reference (A), a member’s characterization of service is as directed by General Courts-Martial Convening Authority. Reference (B) allows the GCMA to issue a characterization of GENERAL. The NDRB could not identify any improprieties, inequities or procedural inconsistencies with the GCMA’s characterization of the discharge as GENERAL. Therefore, relief is 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

  • USMC | DRB | 2003_Marine | MD03-01432

    Original file (MD03-01432.rtf) Auto-classification: Denied

    In closing, I respectfully request that block 28-narrative reason for separation on my DD 214 member 4 form be amended to a statement that was both factually paramount to my discharge and presently beneficial for securing employment. (f) (1).As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to...

  • USMC | DRB | 2003_Marine | MD03-01406

    Original file (MD03-01406.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Promotion certificate Meritorious Mast PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 990826 - 000625 COG Period of Service Under Review :Date of...

  • NAVY | DRB | 2004 Marine | MD04-00897

    Original file (MD04-00897.rtf) Auto-classification: Denied

    6203.3 PART I - APPLICANT’S ISSUES AND DOCUMENTATION “I was discharged from the United States Marine Corps with a General Under Honorable Conditions Discharge.” 7. _______________________________________________________________________ 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...

  • USMC | DRB | 2000_Marine | MD00-00064

    Original file (MD00-00064.rtf) Auto-classification: Denied

    Block 28, Narrative Reason for Separation should read: “Involuntary discharge, condition not a physical disability, Personality Disorder (Board waived)” vice “INVOLUNTARY DISCHARGED, PERSONALITY DISORDER (BOARD WAIVED)”. 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. You should read Enclosure (5) of the Directive before submitting...

  • USMC | DRB | 2002_Marine | MD02-01146

    Original file (MD02-01146.rtf) Auto-classification: Denied

    Dear Chairperson:After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, ill her request that she be given the opportunity to change her Personality Disorder (Under Honorable Conditions) Discharge to an Medical (Under Honorable Conditions) Discharge. The FSM states that this...

  • USMC | DRB | 2002_Marine | MD02-01037

    Original file (MD02-01037.rtf) Auto-classification: Denied

    MD02-01037 Applicant’s Request The application for discharge review was received on 20020710. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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.

  • USMC | DRB | 2001_Marine | MD01-00992

    Original file (MD01-00992.rtf) Auto-classification: Denied

    000825: 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. While the NDRB respects the fact that the applicant tried, his service is equitably characterized as being performed under other than honorable conditions. Relief is not warranted.The fact that the applicant was within three months of his EAS is only one of several...

  • USMC | DRB | 2003_Marine | MD03-01354

    Original file (MD03-01354.rtf) Auto-classification: Denied

    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 Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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,...

  • USMC | DRB | 2003_Marine | MD03-00270

    Original file (MD03-00270.rtf) Auto-classification: Denied

    MD03-00270 Applicant’s Request The application for discharge review, received 20021121, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. I believe my Discharge was unjust only for the fact...I submitted an approval request for an Authorized Leave to my supervisor which was denied.

  • USMC | DRB | 2000_Marine | MD00-00066

    Original file (MD00-00066.rtf) Auto-classification: Denied

    st Marine Expeditionary Brigade] directed the applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder. Discussion The applicant was discharged on 921125 under honorable conditions (general) for convenience of the government due to a personality disorder (A and B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was not proper (D...