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USMC | DRB | 2003_Marine | MD03-01432
Original file (MD03-01432.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD03-01432

Applicant’s Request
The application for discharge review was received on 20030827. The Applicant requests the reason for the discharge be changed to “Convenience of the Government.” The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation from the Disabled American Veterans.

Decision

A documentary review was conducted in Washington, D.C. on 20040618. After a thorough review of the available 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 reason for discharge shall not change. The discharge shall remain: HONORABLE/ 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. “The time I served on active duty was honorable and without incident until the loss of a pregnancy in November 2001 led to my discharge. This loss caused me surgical and emotional trauma. HMMT-164 has an allowance for one Individual Readiness List Manager (IMRL), I could not be replaced unless I was removed. Due to the personnel demands of my squadron coupled with my single occurrence emotional upheaval and recovery rendered me no longer beneficial to my unit in the position I held. Several options were explored to retain me however; a discharge was time efficient for my squadron. I've since recovered from my trauma by making tremendous educational, emotional and physical gains in my life that have broadened and enhanced the possibilities of my future.

Consequently, I’m requesting an amendment of the reason given in block 28 of my DD 214 member 4 form. The language of the longer form, the preference of potential employers, hinders my success in obtaining meaningful employment. While block 24 (Honorable) and block 27 (RE-3P) agree, the focal point for the civilian employers I’ve encountered has singularly been block 28-narrative reason for separation. Civilian employers are drawn to the reason given for discharge, which outside of the military supercedes my honorable discharge status. The wording precludes my efforts of earning a living compatible with my background, skills and level of education obtained by halting the application process after I submit my documentation.

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. The upgrade I seek gives me an opportunity to be a productive member of society with confidence and dignity. It is my wish to be granted “Convenience of the Government” as the amended reason for separation.

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

2. “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 to change the Narrative Reason from Personality Disorder to Convenience of the Government.

The FSM served on active service from 12/7/99 to 4/19/02 at which time he was discharged due to Personality Disorder.

The FSM contends the Narrative Reason should be amended to a statement that is beneficial to both her and the military.

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 narrative reason to Convenience of The Government, removing the notation of Personality Disorder.

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
Fourteen pages from Applicant 's service record
Letter from Applicant , dated April 1, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990625 - 991206  COG

 Period of Service Under Review :
Date of Enlistment: 991207               Date of Discharge: 020419

 Length of Service (years, months, days):

         Active: 02 04 13
         Inactive: None

 Age at Entry: 30                          Years Contracted: 4

 Education Level: 8 GED            AFQT: 50

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):*

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

 Military Decorations: None

 Unit/Campaign/Service Awards: MM (3), Letter of Appreciation, RMB

 Days of Unauthorized Absence: None

*Proficiency/Conduct marks provided by Applicant .

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

HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

020225:  Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired. [The service member is recommended for an administrative separation due to unsuitability in accordance with MILPERSMAN 1910-122. The service member has a long-standing disorder to character and behavior which interferes with the member’s ability to function effectively in the military environment and performance of duty, which render her unsuitable for continued military service.]

         AXIS I: Major depressive disorder, single
         AXIS II: Personality disorder not otherwise specified with paranoid and borderline features.
020419:  DD Form 214: Applicant discharged with an honorable for convenience of the government due to a personality disorder, authority: MARCORSEPMAN Par. 6203.3.

* Applicant’s Discharge Package missing from records.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020419 with an honorable for convenience of the government due to a personality disorder (A and B). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

Issue 1. The Applicant was diagnosed with a personality disorder by a competent medical authority on 020225. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable despite the statements provided by the Applicant. Relief denied.

Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. 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 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 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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