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NAVY | DRB | 2004 Marine | MD04-00328
Original file (MD04-00328.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD04-00328

Applicant’s Request
The application for discharge review was received on 20031210. The Applicant requests 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 designate a representative on his DD Form 293.

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: 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:

 Issue 1: “At the time of my active duty, I was under great financial hardship and had submitted documentation to my command, Congressman Kanjorski and every institution the Navy & Marine Corps had available. My wife had suffered a miscarriage in November of 1995 and was living in her home country of Guatemala C. A. due to a base housing waiting list of more than 600 . I was under advice of a Navy Lt. Cmdr stationed at Camp Lejeune N. C., to take my current discharge and code as it would be the quickest way to be released to settle my financial affairs. If I could have had financial help while I was on active duty, I would have made a career in the USMC. I was informed during my training at Parris Island S. C. that my request for delayed payments on my mortgage, automobile loan, and credit cards were being denied and that the Navy Marine Corps Act that covered delayed payments did not apply in my situation, which I had been informed it would during my recruitment process. I used all the money I was paid after recruit training to pay on my debts, which were 3 months behind. I hadn’t even made a dent and wasn’t making enough to cover all the bills that were stacking up. I was informed at Camp Geiger that I would have to wait until I went to Norfolk for my M.O.S. to apply for help. When I arrived at E.W.T.G.Lant Norfolk VA, I was told that I would have to wait until I was permanently stationed to resolve my financial affairs. Needless to say, when I arrived at Camp Lejeune I applied to the Navy Fund, the Marine Corps Fund and my financial institutions. I was denied due to defaulting on my payments during recruit training. I was given a bad credit report and it was very difficult paying my debts completely when I was released. I had to sell my house for $16,000.00 less than I had paid for it in order to pay off some of my debts.”
Documentation
Applicant did not submit any documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              000000 - 000000  HON
          Inactive: USMCR (J)               950105 - 950213  COG

 Period of Service Under Review :
Date of Enlistment: 950214               Date of Discharge: 951208

 Length of Service (years, months, days):
         Active: 00 09 25
          Inactive: None
Age at Entry: 25                          Years Contracted: 4

Education Level: 11                        AFQT: 76

 Highest Rank: PFC
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (2)                       Conduct: 4.5 (2)
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM
Days of Unauthorized Absence: None

 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 :

951107:  Medical evaluation by a military psychiatrist concluded the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired. The evaluation found the Applicant had “symptoms consistent with Personality Disorder Not Otherwise Specified with Dependent and Immature features.”

         AXIS I: No diagnosis.
        
         AXIS II: Personality Disorder Not Otherwise Specified with Dependent and Immature features.
         AXIS III: No diagnosis.

 951114:  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 and the Applicant’s “character and behavior disorder which is so severe that (his) ability to function effectively in the military environment (was) significantly impaired.”

951114:  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.

951114:  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 and the Applicant’s “character and behavior disorder which is so severe that (his) ability to function effectively in the military environment (was) significantly impaired.”

951120:  SJA review determined the case sufficient in law and fact.

951121:  GCMCA [Commanding General, 2d Force Service Support Group] 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 19951208 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 Applicant was diagnosed with a personality disorder by a competent medical authority on 19 951107 . The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. The NDRB recognizes that serving in the Marine Corps is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve our country. While the NDRB respects the fact that the Applicant tried, his service is equitably characterized as being general (under honorable conditions). Relief is not warranted.
T here 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that 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, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct for the Board to consider with regard to his discharge characterization.
 
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 additional documentation to support any claims of post-service accomplishments 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 31 August 2001.
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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