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NAVY | DRB | 2004 Marine | MD04-00295
Original file (MD04-00295.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD04-00295

Applicant’s Request
The application for discharge review was received on 20031201. The Applicant requested the characterization of service received at the time of discharge be changed to honorable. The Applicant requested a documentary record review. The Applicant did not list any representative on the DD Form 292. Subsequent to the application, the Applicant obtained representation by the Veterans of Foreign Wars.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812. 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: UNCHARACTERIZED/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated on the application:
Issue 1: “Dear D_ C_,

 I am J_ B_ ( Applicant ), and I am writing this letter to you in regards to attempting to change my discharge from the United States Marine Corps. There have been many troubling and confusing things that took place during my service. As you already know I was discharged with an uncharacterized discharge do to personality disorder. After my accident I was badly mistreated, threatened, neglected, and abused. Per my doctor’s request it was prescribed that I remain home in his care for a period of time to be treated by him and this was interrupted by my chain of command in Pendleton. I was neglected for over one month with no treatment what so ever, and all of the medical attention that I tried to receive was denied and ignored. The navy corpsmen of SAC lost my records and only had partial records and diagnosed me with the wrong treatments. I was placed in a depressing squad bay where there was personality disorders all around me all day. Because of the threats and terrible treatment I faked my personality disorder and was trained what to say to the psyche doctor when I met with him. It worked and shortly there after I was sent home. As you can see there has been many cover ups as far as my treatments have been concerned. I have been suffering from a back injury and many other injuries that have gone unevaluated as a result of this tragic accident. I was pulled away from my fiancé that I was going to marry and I lost her as well. My whole life was changed as result of this accident and I should have received an honorable discharge under medical conditions. When I saw the psyche doctor I told him I had attempted to take my life into my own hands in the past and if I was not sent home soon that I was not afraid to try it again and I was separated for this. I made it all up and I was trained to say that by other personality disorders. This is a discharge that I do not want to have following me around. Let me know what I must do to make it right and receive what I deserve.

Thank you for all of you service to me. If you wish to speak with me my phone number is (Telephone number deleted).

J_ B_ ( Applicant )”
Additional issues submitted by Applicant’s counsel/representative (VETERANS OF FOREIGN WARS):
Issue 2: “ Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on July 14, 2004 and the following comments are hereby submitted.

 We refer this case to the Board for their careful and compassionate consideration and reserve comments for the scheduled hearing .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of DD Form 149
 Applicant’s ltr to BCNR
 Applicants Personal Calendar (Jan through Mar)
Medical Questionnaire, undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR (J)               980429 - 981004  COG

 Period of Service Under Review :
Date of Enlistment: 981005               Date of Discharge: 990427

 Length of Service (years, months, days):
         Active: 00 06 23
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 73
Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.1 (2)              Conduct: 4.1 (2)

 Military Decorations: None
Unit/Campaign/Service Awards: None
Days of Unauthorized Absence: None

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

UNCHARACTERIZED/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

990111:  Orders modification for Applicant to participate in the Permissive Recruiter Assistance Program (PRASP) from 990112 to 990125.


990317:  Medical evaluation at the Mental Health Clinic, Naval Hospital Camp Pendleton.
         AXIS I: Occupational Problem.
         
         AXIS II: Personality disorder NOS with antisocial and borderline features.
         AXIS III: Knee pain (in treatment).

          “Currently the patient is not a danger to self or others, but he will likely act out if not separated.”
         HISTORY OF PRESENT ILLNESS: Patient said: “Basically I just want out of the Marine Corps … the game, the B. S. … I’ stressed out and can’t take it.” Stressed … depressed … no mentality for the military ... I can’t adapt.” If I can’t get out it would be mean. I’d have to kill myself. …”   

990329:  Counseled for deficiencies in performance and conduct. [Diagnosed with a Personality Disorder that hinders ability to continue training.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990329:  Applicant notified of intended recommendation for discharge with uncharacterized service by reason of convenience of the government for a physical condition not a disability.
990329:  Applicant advised of his 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.
990402:  Commanding officer recommended discharge with an uncharacterized discharge by reason of convenience of the government for a condition not a physical or mental disability. The factual basis for this recommendation was the Applicant’s suicidal ideations and subsequent diagnosis by medical authorities as suffering from occupational problem(s).
990402:  Medical Examination at Area 52 Branch Medical Clinic, Camp Pendleton, CA determined Applicant was “qualified for separation.”

990416:  GCMCA [Commanding General, Marine Corps Base, camp Pendleton] directed the Applicant's separation from the service with an uncharacterized discharge due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was separated from service on 19990427 with an uncharacterized discharge by reason of convenience of the government due to condition not a physical or mental disability (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).
Issues 1 & 2. By regulation, members whose discharge is initiated within the first 180 days of enlistment are given a service characterization of “Uncharacterized” unless there were unusual circumstances regarding performance or conduct, which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his time in the military to warrant a change to “honorable.” The official records and the additional documents supplied by the Applicant, do not support his contention of a “cover up” regarding the Applicant’s medical treatment or any other aspect of his discharge from the Marine Corps. Relief denied.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) discharge.

 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. Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95 until 31 Aug 2001), paragraph 6203, CONVENIENCE OF THE GOVERNMENT
B. 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.

C. 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.
D. 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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