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NAVY | DRB | 2004 Marine | MD04-00545
Original file (MD04-00545.rtf) Auto-classification: Denied


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


ex-LCPL, USMC
Docket No. MD04-00545

Applicant’s Request
The application for discharge review was received on 20040212. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge 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 20040922. 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 four to one 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. Since my discharge I have been an excellent member of society. I am enrolled in college for a bachelor degree in education, under a VA program. I work in the Academic Resource Center at the college as a VA Work-Study, helping veterans improve there lives. I obtained a concealed weapons permit; I have not had any re-occurrances or needed any medical treatment for personality disorders. The past several years have brought about an exemplary and mature personality. I have seen the errors of my past, used them to: strengthen myself, avoid further indiscretions, and prevent others from making the same mistakes. I would like to rectify my mistakes, and re-enlist in the Marine Corps Reserve, with the hopes of retiring after many years of faithful service. But, I need a better RE code to do so. I am in better health now since I have quit smoking; the doctors at the VA hospital tell me that my knee condition is improving (most likely due to the increased oxygen exchange), and that I would possibly be able to return to full duty within the next year. All I am asking for is a second chance. ”


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from C_A. C_, dtd May 1, 2003
 Letter from C_ H. H_, dtd May 12, 2003
Carroll County Circuit Court Criminal Records Check, dtd May 14, 2003
Letter from the Applicant, dtd 01/28/2004
Letter from the Applicant, dtd 06/10/04
Copy of CG, MCAGCC Twentynine Palms First Endorsement on CO, HQBN ltr 1910       5800 of 1 Sep 98, dtd Oct 8 1998
Copy of CO, HQBN MCAGCC Twentynine Palms Recommendation for Involuntary          Separation, dtd 20 Nov 97 (unsigned)
Copy of Medical Officer, Military Sickcall, Naval Hospital 29 Palms Memorandum, dtd      October 9, 1997
 Copy of page from Applicant’s Health Record, dtd 980123
 Copy of HQBN Alcohol Intake form, dtd 980127
 Copy of CO, Naval Hospital Twentynine Palms Addendum to Limited Duty Board       Proceeding for Applicant, dtd 2 Feb 98
Copy of CO, Naval Hospital Twentynine Palms Limited Duty Board Proceedings, dtd 7        Jul 98
 Copy of Rating Decision from Department of Veteran Affairs Roanoke Regional Office,      dtd 9/27/99 (unsigned)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
          Inactive: USMCR(J)                960827 - 961111  COG

 Period of Service Under Review :
Date of Enlistment: 961112               Date of Discharge: 981009

 Length of Service (years, months, days):
         Active: 01 10 29
          Inactive: None
Age at Entry: 22        Years Contracted: 4

Education Level: 12                        AFQT: 73
Highest Rank: LCPL                MOS: 2818
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency:     4.50 (5)                  Conduct: 4.50 (5)

Military Decorations: None

 Unit/Campaign/Service Awards: MUC
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 :



980122:  Limited duty Board recommends limitations placed on Applicant’s responsibilities: no running, no squatting, formations longer than ten minutes, or walking or marching farther than one-fourth of a mile. Also limited use of stairs. These recommendations will expire on 21 July 1998.
980126:  HQBN MCAGCC Twentynine Palms CA PCR message reports suicide
                  gesture by Applicant.
980126:  Military evaluation by a military psychiatrist after making a suicidal gesture by placing a double barrel shotgun under his chin due to “feeling fed up with the system, and not getting out of the Corps.
Consultation Report: Current stressors of the member: 1) MBR doesn’t like the Marine Corps Life ie; authority formations/functions and being treated like a child , 2) He wants out of the Corps any way he can in order to be with father, finacee and family; 3) He does not make enough money in the Corps, 4) He was denied by “SJA” for a discharge (Marine Corps Order 1900.16) for chronic Retropetella Femoral Pain Syndrome.
          Diagnosis: Axis I = Adjustment D/O with MDOE, R/O Depressive D/O NOS
         Axis II = R/O Personality D/O with dependant features
         Axis III = Chronic Retropetella Femoral Pain Syndrome
         Member is to return to duty and to command. Member has convincingly contracted for safety and is deemed responsible for his actions”.
                 
980130:  Medical evaluation by a military psychiatrist. Circumstances of illness: Patient put loaded firearm muzzle against chin, contemplating suicide, in content of desire to be home with significant others.
 Treatment plan: Regular follow-up in mental health. Clarification of suicidal intent, possibly suicide/homicide in future, medication management – currently prozac. After trial of at least 6 weeks on med, trial off med while still on lmited duty.
Limitations: No weapons handling, no explosive or ordnance handling. No dangerous equipment operation or handling. Duty in continental U.S. only. Diagnosis: Adjustment disorder with mixed disturbance of emotions and conduct.





980228:  Addendum to Limited Duty Board Proceedings for Applicant. A separate
                  six month limited duty board has been convened on the Applicant. The
          limited Duty Board recommends the following limitations be placed on the
         Applicant: no weapons handling, explosive or ordnance handling,
         Dangerous equipment operation or handling. May have duty in the
          Continental United States only. These recommendations will expire on
         29 July 1998.

980826:  Counseled for deficiencies: Diagnosed personality disorder, with dependant and passive aggressive features. SNM displayed a history of suicidal and homicidal ideation. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981008:  GCMCA , CG, MCAGCC Twentynine Palms, CA directed the Applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.
981009:  Counseled: Applicant informed by CO that he is not recommended for reenlistment because of personality disorder and that he will be assigned a reenlistment code of RE-3C.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981009 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 documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 980130. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.
The record documents that personality disorder was the reason the applicant was discharged. No other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief based on this issue is not warranted.
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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.
The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 naval service. The NDRB is authorized, however, to consider 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. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. 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      


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