Search Decisions

Decision Text

NAVY | DRB | 2004 Marine | MD04-00509
Original file (MD04-00509.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD04-00509

Applicant’s Request
The application for discharge review was received on 20040204. The Applicant requested the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “ Blank or None. ” 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 20040827. 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 and reason for 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. “I wish to have my discharge upgraded, from a General, under Honorable Conditions, to an Honorable Discharge. I wish my Re-enlistment code to be changed as well. I have included a photocopy of my DD214. I wish to re-enlist into the Marine Corps, and I wish to make full use of my Montgomery GI Bill, something which I am apparently not able to use.
I personally believe that the diagnosis and circumstances of my discharge were a mistake. I realize now that I did not take full advantage of the opportunities that I had given me. I wish to have this changed, so that I can do my part during this difficult time for our country.
Please give me the opportunity to finish what I started. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active:                            None                       HON
          Inactive: USMCR (J)               980325 - 980825  COG
Period of Service Under Review :
Date of Enlistment: 980826               Date of Discharge: 010503
Length of Service (years, months, days):

          Active: 02 08 08
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 67

 Highest Rank: LCpl (MOS: 0121, Personnel Clerk)

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.1 (7)                       Conduct: 3.9 (7)

 Military Decorations: None
Unit/Campaign/Service Awards: NUC

 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 :

980319:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver was granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
000114:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion to Cpl due to PFT failure.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
001017:  Counseled for deficiencies in performance and conduct. [Lack of dependability and inability to follow orders.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
001130:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion to Cpl due to PFT failure.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
001220:  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. His personality disorder was evidenced by the Applicant ’ s deceitfulness, irresponsibility, lack of remorse, grandiosity, interpersonal exploitation, lack of empathy and an arrogant attitude.
         AXIS I: None
        
         AXIS II: Personality Disorder NOS (Cluster B Traits)
          Narcissistic Personality Disorder
         Antisocial traits
010108:  Counseled for deficiencies in performance and conduct. [Failure to meet Marine Corps height and weight standards.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010402:  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.
010402:  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.

010403:  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.
010423:  SJA review determined the case sufficient in law and fact.

 010423:  GCMCA [Commanding General, 2d Marine Aircraft Wing] directed the Applicant's discharge under honorable conditions (general) by reason of convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010503 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: Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. This issue does not provide a foundation upon which the Board can grant relief.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB). There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran ’ s benefits. As with a request to change an “RE”code, this issue does not provide a foundation upon which the Board can grant relief.

After a complete review of the entire record, including the evidence submitted by the Applicant, the Board found that the Applicant’s characterization and reason for discharge was appropriate. The applicant was diagnosed with a " Personality Disorder NOS (Cluster B Traits), Narcissistic Personality Disorder and Antisocial traits " by a Clinical Psychologist, at the Psychology Clinic, Naval Hospital, Cherry Point, NC, and was recommended for expeditious administrative separation from the Marine Corps. Hence, the Board finds the Reason for Discharge reflects the applicant's mental health status at the time of his separation, and his discharge was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description for the applicant's discharge. The contention “ that the diagnosis and circumstances of my discharge were a mistake, ” or the implication that the personality disorder no longer exists does not provide a legitimate basis to revise official records, which were accurate at the time of issuance. Relief 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 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      


Similar Decisions

  • NAVY | DRB | 2004 Marine | MD04-00564

    Original file (MD04-00564.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:14 pages from Applicant’s medical record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: Inactive: USMCR(J) 980724 - 981025 COG Period of Service Under Review :Date of Enlistment: 981026 Date of...

  • USMC | DRB | 1999_Marine | MD99-01082

    Original file (MD99-01082.rtf) Auto-classification: Denied

    After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned impropriety in the characterization of the applicant’s service. 950630: GCMCA [Commander, Marine Corps Base Hawaii] directed the applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • USMC | DRB | 2003_Marine | MD03-00494

    Original file (MD03-00494.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Texas Department of Public Safety employment requirements (3 pages) Applicant’s driver license Jailer license, issued April 5, 2001 Applicant’s social security card PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 970829 - 970914 COG Period of Service Under Review :Date of Enlistment:...

  • USMC | DRB | 2002_Marine | MD02-00095

    Original file (MD02-00095.rtf) Auto-classification: Denied

    MD02-00095 Applicant’s Request The application for discharge review, received 011016, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Honorable. My General Discharge is unjustified due to the fact it was based on a medical diagnosis instead of my service and performance records.2. Based on above issues and reference I am respectfully requesting my re-entry code be upgraded, to allow me to further serve...

  • 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 | 2001_Marine | MD01-01070

    Original file (MD01-01070.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 of applicant's resume PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 940129 - 941011 COG Period of Service Under Review :Date of Enlistment: 941012 Date of Discharge: 980203 Length of Service (years, months, days):Active: 03 03 22 Inactive: None After a...

  • USMC | DRB | 1999_Marine | MD99-01209

    Original file (MD99-01209.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. Muslims don’t' fight their brothers, man. 910124: 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 your demonstrated inability to function effectively in the...

  • USMC | DRB | 2000_Marine | MD00-00612

    Original file (MD00-00612.rtf) Auto-classification: Denied

    6203.3 PART I - APPLICANT’S ISSUES AND DOCUMENTATION After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (D and E).The NDRB found the applicant’s issue non decisional. The Board, however, reviewed the applicant’s service record and found, based on her proficiency and conduct marks that her overall service warranted an Honorable discharge.

  • USMC | DRB | 2003_Marine | MD03-00154

    Original file (MD03-00154.rtf) Auto-classification: Denied

    I was one of the only working females in his unit that was not tucked safely away in inventory control or the parts department. At the time of my decision to get out, I was going to counseling for an eating disorder through the military. While the NDRB respects the fact that the Applicant tried, her service is equitably characterized as being performed under honorable conditions (general).

  • USMC | DRB | 2003_Marine | MD03-00100

    Original file (MD03-00100.rtf) Auto-classification: Denied

    MD03-00100 Applicant’s Request The application for discharge review, received 20021016, requested that the characterization of service on the discharge be changed to honorable. Since this eval the pt has had continued difficulties with his peers and authority figures at work. 000503: 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.