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NAVY | DRB | 2004 Marine | MD04-00561
Original file (MD04-00561.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD04-00561

Applicant’s Request
The application for discharge review was received on 20040218. 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 20041008. 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. “Whom It May Concern:
I thought it best to write and explain in full the reasons for my request for a review of my discharge. The course of my future has become dependent upon the changing of my discharge from General/Under Honorable Conditions to an Honorable discharge. I would greatly like to further my college education, and make myself more marketable as I begin laying the bricks towards making a career change. When I enlisted I made the decision to take part in the educational benefits of the Montgomery GI Bill. Thus doing so I had the amount of one hundred dollars deducted from my pay every month for a year. In my current attempt to return to college, using the Montgomery GI Bill, it has been brought to my attention that I will first need to have my discharge upgraded to that of an Honorable discharge.
Although the United States Marine Corps was not the perfect fit, neither for the Marine Corps, or myself I enlisted with the best intentions. As such I paid each month for the benefits granted by the Montgomery GI Bill with plans of furthering my education. I would hope that in spite of my separation from the Marine Corp I would still be allowed to take part in a continuing education program that I did in fact pay for. I hope that those on the Naval Council of Personnel Board will agree. In the time since my separation from the Marine Corps, I feel, I have made great strides in getting my life headed in a good and productive direction. Finishing my college education and obtaining my degree will be a giant piece in furthering my push towards a fulfilled life. The boards decision to upgrade my discharge will help me in getting the opportunity to do just that.
Regards,

 A_D_ (Applicant)”
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
          Inactive: USMCR(J)                000906 - 001010  COG
Period of Service Under Review :
Date of Enlistment: 001011               Date of Discharge: 011024

 Length of Service (years, months, days):
         Active: 01 00 14         [Does not exclude lost time]
          Inactive: None
Age at Entry: 25                          Years Contracted: 4

 Education Level: 12                        AFQT: 67
Highest Rank: PFC                          MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.2 (1)                       Conduct: 4.2 (1)

 Military Decorations: None
Unit/Campaign/Service Awards: RSB
Days of Unauthorized Absence: 23

 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 :

010323:  Mental Health Evaluation: Diagnostic impressions: Axis I: Depressive disorder, NOS. Axis II: Personality disorder, NOS. Axis III: See medical record. Conclusion and recommendations: Applicant may be administratively discharged (Entry Level Separation) … .Given symptoms, his age, and his personality disorder he will not adapt to the rigors of military service. The Applicant is unsuitable for military service due to a personality disorder … .
010326:  Mental Health Evaluation: Diagnostic impressions: Axis I: Depressive disorder. R/O major depressive disorder. Axis II: Personality disorder with borderline and self-defeating features. Axis III: See medical record. Disposition: Returned to his command for disposition. Applicant is placed on light duty for 30 days or until further evaluated by CP MH.
010430:  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.
         Axis I: Adjustment disorder with mixed disturbance of emotions and conduct.
          Dysthymic disorder by referring history.
          R/O Alcohol abuse.
         Axis II: Narcissistic personality disorder.
          Axis III: No known diagnosis.
          Axis IV: Occupational problem, problems with the social environment.
         Axis V: (admission)      11-20 Some danger to self.
                   (highest)       81-90 Absent or minimal symptoms, good
functioning in all areas.
                  (current)       61-70 Some mild symptoms, or some mild difficulty
 in functioning.
010509:  Medical entry: Impression: No alcohol related diagnoses.
010510:  Mental Health Department: Assessment: Axis I: Adjustment disorder mixed disturbance of emotions and conduct. Dysthymic disorder by history. Axis II: Narcissistic personality disorder by history. Axis III: No diagnosis. Axis IV: Occupational problems. Plan/Recommendations: Return to clinic in 2 weeks or PRN sooner if symptoms increase or if suicidal ideations arises. Treatment for 2 to 6 weeks to achieve the following goals: Support while pending separation. Continue separation for personality disorder. Will focus on cognitive copy techniques in next session.
010515:  NJP for violation of UCMJ, Article 86:
 Specification 1: Unauthorized absence on 0630, 010417 to 0630, 010424 (7 days).
 Awarded forfeiture of $272.00 per month for 1 month, restriction and extra duties for 14 days. No indication of appeal.
010515:  Counseled for deficiencies in performance and conduct. [Failure to comply with the UCMJ. Lack of moral courage. Conduct unbecoming of a Marine.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010525:  Mental Health Department: Assessment: Axis I : Occupational problems. Dysthymic disorder by history. Axis II: Narcissistic personality disorder by history. Plan: Follow up 3 weeks or sooner PRN if symptoms increase. Continued “ homework ” and bible therapy as discussed in session.

 010625:  Mental Health Department: Assessment: Axis I: Occupational problems. Axis II: Narcissistic personality disorder by history. Plan: Continue separation process. Follow up PRN. Applicant states no need or desire for further MHD visits.

010710:  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.
010820:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 1300, 010723 to 2220, 010808 (16 days).
 Awarded forfeiture of $272.00 per month for 1 month, restriction and extra duties for 14 days. No indication of appeal.
Undated:         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 HMC ’ s recommendations for separation of 010612.
010820:  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 psychiatric evaluation. The factual basis for this recommendation was evaluation of 010430 and HMC ’ s L_ ’ s recommendation for separation of 010612.

 010924:  Applicant’ s statement.
011010:  GCMCA [Commanding General, 1 st Marine Division (Rein) Camp Pendleton, CA] 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 20011024 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. A General discharge 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. The Applicant’s service was marred by nonjudicial punishment proceedings for violations of Article 86 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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. 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      


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