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USMC | DRB | 2003_Marine | MD03-01478
Original file (MD03-01478.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-01478

Applicant’s Request
The application for discharge review was received on 20030911. 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 a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040610. 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: UNDER HONORABLE CONDITIONS (GENERAL)/INVOL DIS (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 is inequitable because it was based on one isolated incident in 38 months of service.”

 “2. Dear Sir or Madam,
I am requesting that my discharge be upgraded from a General Under Honorable conditions, to a full Honorable. When I was in the Marines I served my country proudly and honorably here and abroad. When I first entered the Marines I was Given the Opportunity to join the Montgomery GI Bill so I could attend college. I joined right away with no hesitation and made my investment of $1200.00. In March of 2002 I started attending Information Technology School for computers. When I started I was told that my school was in the process of getting the Montgomery GI Bill, so I joined and have been paying out of my own pocket for over a year now. Just recently my school was accepted for the GI Bill and I found out that I wasn’t able to utilize this benefit because I have a General Under Honorable Conditions discharge. They Said I had to have a full Honorable Discharge. I was devastated because it seemed it seemed like the time I spent earning the GI Bill and investment I made was all for nothing. Some of the reasons I joined the Marines was for the honor it gives and for the benefits. When I was growing up I knew my mother couldn’t afford to send me to school so I made the decision to join the Marines. Since I have been out of the marines I have held steady employment the entire time including working as a Corrections Officer for the state of North Carolina, and as an Assistant district Manager for Aramark, a Fortune 500 company. When I left the Marines I wasn’t discharged for bad conduct, or dishonoring my country. I served Honorably and Proudly and would do it all again in a second without thought. So again, I am respectfully requesting an upgrade in discharge to a full Honorable Discharge. I appreciate your time and consideration and look forward to hearing from you soon. If you need any additional information, please feel free to contact me by mail at 2279 Regency Drive, Randleman, NC 27317 or by phone at 336-672-0194. Thank you. Semper Fi, J_ C_ .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicants Personal Letter to the Board, dtd 030818
Reference Letter from ARAMARK, dtd 030427

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR (J)               910815 - 920531  COG

 Period of Service Under Review :
Date of Enlistment: 920601               Date of Discharge: 950731

 Length of Service (years, months, days):

         Active: 03 01 30
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 59

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (8)                       Conduct: 4.2 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/INVOL DIS (PERSONALITY DISORDER), authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

940602:  Counseled for deficiencies in performance and conduct. [Being out of bounds and failing to make the muster while assigned to duty section.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940806:  NJP for violation of UCMJ, Article 86:
 Specification: Applicant was UA from appointed place of duty 0700 940802.
Awd red to PFC, forf of $465.00 per month for 1 month and 30 days CCU. Forfeiture suspended for 6 months. Appealed.
940815:  Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired. The (Applicant) reported that he has lost all motivation for being in the Marine Corps. He stated that he will do anything he can in order to avoid continued service. Mental status examination revealed an angry young man … The (applicant) projected all blame onto others and was simply focused on getting out of the Marine Corps. … judgment … slightly impaired due to his egocentricity. His impulse control was questionable, however, the (Applicant) was considered to be responsible for his own actions. … he merely wants to get out of the Marine Corps and … he is willing to do anything necessary or possible to accomplish this goal.

         AXIS I:  No Diagnoses
        
         AXIS II:         301.70 Antisocial Personality Disorder

         AXIS III:        Headaches

                   … the (Applicant) does have a character and behavior disorder …

940822   SJA review determined the case sufficient in law and fact. Appeal denied.
940831:  Counseled for deficiencies in performance and conduct. [Nondeployable with 22 nd MEU LF6F 1-95 due to disciplinary problems.] Returned to parent command for administrative processing.
950314:  Counseled for deficiencies in performance and conduct. [Lack of responsibility and unwillingness to conform to the military way of life.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950607:  Counseled for deficiencies in performance and conduct. [Failing to adjust to the demands of military service.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.


950621:  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 psychological evaluation and the Applicant’s inability to function effectively in the military environment.

950621:  Applicant advised of rights and having elected not to consult counsel certified under UCMJ Article 27B, elected to waive all rights.

950621:  Commanding officer recommended an honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation and failing to adjust to the demands of military service.

950702:  GCMCA [Commanding General, 2d Marine Aircraft Wing] directed the Applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

950703:  SJA review determined the case sufficient in law and fact.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950731 under honorable conditions (general) 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: A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member’s conduct or performance of duty outweighs the positive aspects of the member’s military record. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion and adverse counseling entries on other occasions. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

Issue 2: There is no law, or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time, good conduct in civilian life, or the Applicant’s desire to obtain educational benefits subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct. The Applicant provided insufficient evidence of post-service conduct. Relief not warranted.

The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.
B. Table 6-1, Guide for Characterization of Service of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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