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USMC | DRB | 2003_Marine | MD03-01421
Original file (MD03-01421.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-01421

Applicant’s Request
The application for discharge review was received on 20030827. 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 listed the Disabled American Veterans as the 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. “I was discharge General Under Honorable conditions, base on disorder personal. Being overseas put in a depression and at times all I wanted to do is come back home with my love onese. But I always conducted myself in a melitary maner and did everything that I was ask by marines in charge I have never been in trouble in or out of the corps, I have always follow rules and never cause problems. Please review my records and upgrade my discharge please.

P.S. There's no supporting document or rehab treatment that I was given, before being discharge from the Marine Corps. All I have is my medical records and papers that I was giving befor being discharge.”


Additional issues submitted by Applicant’s counsel/representative (Disabled American Veterans):

 1. “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 evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General Under Honorable Conditions (GUHC) to that of Honorable.

The FSM served on active service from March 13, 2001to July 31, 2002 at which time he was discharged due to Personality Disorder.

The FSM contends the current discharge is improper because there is no evidence of misconduct, that he always did as he was told in a military manner, trying not to cause any trouble.

This creates a need for a review of the application of the standard, for the Board to determine that the Applicant’s discharge was improper. The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted. See, SECNAVIST 5420.174 (c), Par. (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 the Board’s discretionary authority, under SECNAVIST 5420.174C.

Under the premises of equitable relief, we believe the Board can change the current discharge to Honorable, based on the service as evident by the available record. This record reflects one occasion of the FSM having a failure to obey, there is nothing else of record except for the finding of a personality disorder. A finding of a personality disorder is not sufficient to warrant the down grade of a discharge to that of General, Under Honorable Conditions. A review of the character of discharge to be afforded any member will be based on the entire record of service not on the issue of a personality disorder or one infraction/counseling.

We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant.

Respectfully”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                001108 - 010312  COG

 Period of Service Under Review :
Date of Enlistment: 010313               Date of Discharge: 020731

 Length of Service (years, months, days):

         Active: 01 04 19
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 12                        AFQT: 44

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3*                          Conduct: 4.4*

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, RMB

 Days of Unauthorized Absence: None

*Extracted from Suicidal Incident Report.

 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 :

020503:  Counseled for deficiencies in performance and conduct. [Willfully disobeyed an order from NCO to get off the rack to work on my wall locker for the Troop Orientated Inspection on 2100, 020418.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020605:  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: Adjustment disorder
 AXIS II: Antisocial personality disorder.

020606:  Counseled for deficiencies in performance and conduct. [Your diagnosed personality disorder as evidenced by the Mental Health Department letter dated 020605.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020616:  OIC Statement: [I asked him to explain why he hated the Marine Corps and wanted to get out. His answer was that he has no rights or liberties, and he has no opportunity to excel or advance. When I asked him to elaborate with some examples, he said “I want to go to School” or “I don’t have a say in anything around here.” Hearing this response and after the times I sat down with this Marine talking to him about what the Corps can do for him, I realize that these were just excuses and he would say anything to get out. He also stated that he would keep getting into trouble if that’s what it would take to get him out.]

020617:  Medical Officer statement: [LCpl M_ was diagnosed in early June 2002 with an antisocial personality disorder. This diagnosis implies that LCpl M_ is not conducive to continued service in the United States Military. I have met with LCpl M_ on multiple occasions over the past three months and at each meeting the comments and behaviors displayed are in agreement with this implication.]

020702:  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.

020702:  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.

020702:  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. The factual basis for this recommendation was Applicant's diagnosed personality disorder on 020605.

020716:  SJA review determined the case sufficient in law and fact.

020718:  GCMCA [Commanding General, 1 st Marine Aircraft Wing] 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 20020731 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 statement provided by the Applicant was not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder by a competent medical authority on 020605. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

Issue 2. 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 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      




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