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NAVY | DRB | 2004 Marine | MD04-00564
Original file (MD04-00564.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD04-00564

Applicant’s Request
The application for discharge review was received on 20040220. 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. “I am requesting an upgrade in discharge because I believe my current discharge does not reflect the characterization of my overall service in the USMC. I believe the general discharge was solely based on one isolated incident that was not conduct related but rather a long term medical condition. Although NJP resulted, medical documentation clearly shows a medical condition.”

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 Discharge: 020103

 Length of Service (years, months, days):

         Active: 03 02 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 76

 Highest Rank: LCpl                         MOS: 0151

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (7)                       Conduct: 4.3 (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 :

990420:  Counseled for deficiencies in performance and conduct. [Failing to maintain weight standards] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000103:  Counseled for deficiencies in performance and conduct. [PFT failure] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010224:  NJP for violation of UCMJ, Article 86, unauthorized absence from appointed place of duty.
 Awarded forfeiture of $300.00 per month for 2 months, restriction and extra duties for 45 days, reduction to E-2. Not appealed.

 010705:  Medical evaluation:
         AXIS I: Specific phobia, other
         AXIS I: Generalized anxiety disorder
         AXIS I: Depressive disorder, NOS
         AXIS II: No diagnosis, dependant traits
         AXIS III: Irritable Bowel Syndrome
         AXIS IV: Occupational problems, relationship problems, long standing psychiatric illness
                   AXIS V: GAF 55

011012:  Counseled for deficiencies in performance and conduct. [Failure to properly log in as a BEQ guest] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
011115:  Medical evaluations by a military psychiatrist and civilian psychologist concluded that the Applicant’s personality disorder leaves [her] at chronic risk for suicidal or homicidal behavior with continued exposre to the stressors common to life in the Marine Corps.
         AXIS I: No diagnosis
         AXIS II: Dependent Personality Disorder
        
011116:  Applicant notified of intended recommendation for discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by evaluation on 15 Nov 2001.

011121:  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.

011130:  Commanding officer recommended an honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation. The factual basis for this recommendation was the diagnosis of Axis II dependent personality disorder on 15 Nov 2001.

011220:  SJA review determined the case sufficient in law and fact.

011220:  GCMCA [CG MCB QUANTICO] 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 20020103 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 20011115. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. 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 a violation of Article 86 and she was subject to three formal counselings for performance and conduct. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Marine Corps and falls far short of that required for an upgrade of her characterization of service. 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. 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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