Search Decisions

Decision Text

NAVY | DRB | 2004 Marine | MD04-00180
Original file (MD04-00180.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD04-00180

Applicant’s Request
The application for discharge review was received on 20031107. 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 discharge review was conducted in Washington, D.C. on 20040910. 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. “This discharge is improper because I was discharged for a medical reason and given a General discharged. I can not help my condition and I shouldn’t be denied benefits because of it. I under went treatment while serving my country and everthing I didn’t stay my full term I earned my title as a UNITED STATES MARINE. I will always be a UNITED STATES MARINE.
Its hard for me to get jobs due to my illness and I can’t even go to school. If I can’t go to school I wont get any where in life. I am by myself and I need the help of my comrades. Thank you.

I was discharged for medical reasons I should at least get a medical discharged. I we believe that’s fair.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Thirty-nine pages from Applicant’s service/medical records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                010216 - 020113  COG

 Period of Service Under Review :
Date of Enlistment: 020114               Date of Discharge: 030502

 Length of Service (years, months, days):

         Active: 01 03 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9*                          Conduct: 3.8

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

*Average marks in service only

 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 :

021231:  Counseled for deficiencies in performance and conduct. [Lack of integrity and poor judgment in that you provided a false official statement regarding the minor automobile accident you were involved in on 021214. Although you voluntarily recanted your statement, your initial lack of integrity is unacceptable.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030407:  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. Recommended expeditious administrative separation. Applicant was considered a risk of harm to self or others.

         AXIS II: Personality disorder not otherwise specified with schizotypal features.

 030416:  NJP for violation of UCMJ, Article 108:
 Specification: Willfully destroy a glass fire extinguisher encasement by striking it with his fist, military property of the United States valued at $100 on 1130, 030326.
Awarded forfeiture of $645.00 per month for 2 months, restriction and extra duties for 45 days, reduction to E-2. One month’s forfeiture suspended for 6 months. Not appealed.
030425:  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 a psychological evaluation.

030425:  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.

030425:  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 your diagnosis of a personality disorder with schizotypal features.

030428:  SJA review determined the case sufficient in law and fact.

030428:  GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region] 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 20030502 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. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion, an adverse counseling entry on another occasion, and an average conduct marking below the standard required for honorable service. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable is inappropriate. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. Relief denied.

The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

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. 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 P1900.16F), effective 02 Sep 01 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 | MD04-00353

    Original file (MD04-00353.rtf) Auto-classification: Denied

    MD04-00353 Applicant’s Request The application for discharge review was received on 20031218. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The veteran has punished enough by NJP;

  • USMC | DRB | 2002_Marine | MD02-01039

    Original file (MD02-01039.rtf) Auto-classification: Denied

    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. 000818: Commanding Officer recommended an honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as...

  • 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 | MD02-00648

    Original file (MD02-00648.rtf) Auto-classification: Denied

    SNM was then released several days later when found SNM was infact no danger to himself or others, still it was recommended by the Naval doctors of SNM command that SNM be administratively separated from the Marine Corps. The factual basis for this recommendation was psychiatrist's recommendation for administrative separation due to a personality disorder. The Board reviewed the Applicant's service and medical records to determine the propriety and equity of the separation process.

  • USMC | DRB | 2003_Marine | MD03-00074

    Original file (MD03-00074.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 (Copy 4 and 1) Copy of BCNR application (DD Form 149) dtd Feb 15, 2002 Service Health Record entry dtd Mar 3, 1997 (2 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 950818 - 960805 COG Period of Service Under Review :Date of Enlistment: 960806 Date of...

  • NAVY | DRB | 2004 Marine | MD04-01128

    Original file (MD04-01128.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to honorable. Decision A documentary discharge review was conducted in Washington, D.C. on 20041022. 921005: 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 | 2000_Marine | MD00-00893

    Original file (MD00-00893.rtf) Auto-classification: Denied

    In summary, based on pt's history, behavior during hospitalization, and results of psychological testing, he was felt to have a schizotypal personality disorder. st MARDIV] directed the applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder. At this time, the applicant has not provided any documentation of good character and conduct.

  • USMC | DRB | 2002_Marine | MD02-00669

    Original file (MD02-00669.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. The statements all recommend that I be separated due to the stress in my life and recommended an honorable discharge.There is no basis in my record for the "General under honorable" characterization or the narrative reason of "Personality Disorder". The Board found that in the Applicant’s case, the characterization of service should have been...

  • USMC | DRB | 2003_Marine | MD03-01355

    Original file (MD03-01355.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 000414: Commanding officer recommended discharge with character of service being honorable for the convenience of the government due to a personality disorder. 000519: GCMCA [Commanding General] directed the Applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

  • 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,...