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NAVY | DRB | 2004 Marine | MD04-00714
Original file (MD04-00714.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD04-00714

Applicant’s Request
The application for discharge review was received on 20040325. 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, an impropriety in the narrative reason 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 but unanimous that the narrative reason shall be changed to Secretarial Authority. The discharge shall be changed to: GENERAL (UNDER HONORABLE CONDITIONS)/SECRETARIAL AUTHORITY, Separation Code: JFF1, authority: MARCORSEPMAN Par. 6214





PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated
Applicant’s issues, as stated on the application:
1.“Document 4, letter from Platoon Commander, makes statements about my conduct while in that command. The letter does say that my work ethic was good but discredits my liberty conduct. As you can see by my record, there were no times that changes were bought upon me b/c of any conduct while on liberty. As to the statements made about daily counselings, those were form an issue in which the issue was never resolved and no fault was placed in my records. I believe that, according to my records, my service in the Marine Corps was near exempliar and that my request for an upgrade should be answered accordingly. Also, I was seperted because of a personality. However, I was told by my psychologist, Dr. C_, that I did not meet the criteria of a personality disorder only an adjustment disorder. This was the rasoning he gave me for not recommending a medical discharge.”
Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Eleven pages from Applicant’s service record
Letter to Congressman from Board for Correction of Naval Records, dated March 4, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                001002 - 010528  COG
Period of Service Under Review :
Date of Enlistment: 010529               Date of Discharge: 030305

 Length of Service (years, months, days):
         Active: 01 09 04
          Inactive: None
Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 68
Highest Rank: LCPL                MOS : 2871
Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.3 (5)                       Conduct: 4.3 (5)

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, RMB, SSDR

 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 :

000826:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.


020920:  Applicant referred by Chaplain to Camp Kinser Okinawa Branch Medical Clinic. Diagnosed with clinical depression. Prozac 20 mg. Follow up in four weeks. Continue meeting with Chaplain and reading the Bible.
020930:  Applicant seen at Camp Kinser Branch Medical Clinic. Applicant diagnosed as having clinical depression with dysthymia. Not responsive to low dose Prozac and side effects. Will try Zoloft 25 mg. Follow up in 14 days.
021118:  Applicant seen at Substance Abuse Rehabilitation Department, Camp Foster Okinawa, for initial screening. Applicant reported suicidal ideations on 20041115. Applicant scheduled for follow-up evaluation by Clinical Psychologist, assigned to AA meetings (2 x week), and weekly meetings with the SACO.
021125:  Applicant seen at Substance Abuse Rehabilitation Department, Camp Foster for Pre-Residential follow-up appointment. Applicant referred to SACC for treatment.   

021126:  Applicant begins Outpatient treatment with SACC MCB Okinawa. Applicant reports experiencing suicidal ideation within the previous week. Applicant acknowledges problem with alcohol and is assessed as a high risk for relapse. AXIS I; Alcohol Abuse, r/o alcohol dependence.
021202:  SACC MCB Okinawa Substance Abuse Treatment Note: Axis I: Alcohol abuse.
021203:  Applicant admitted to US Naval Hospital Okinawa having attempted suicide by taking 24 tabs of Dervocet.

 021212:  Applicant seen as an inpatient by the Mental Health Unit at the US Naval Hospital Okinawa.
Diagnostic Impression: Axis I: Adjustment Disorder with Depressed Mood, Alcohol Abuse. “ In accordance with the Marine Corps Separation Manual, DoD instructions and MILPERSMAN an Expeditious Administrative Separation is strongly recommended on the basis of an adjustment disorder. While this member does have a physical condition which limits their m ilitary service, this condition does not constitute a physical disability (per DoD 1332.38). According to DoD Instruction 1332.38, such a condition should be referred for administrative action, but is not ratable as a physical disability, and therefore cannot be submitted for a medical board. Authority to separate Marines for such conditions is granted under MCSM, for the convenience of the government. It is the opinion of this provider that this Marine is suffering from a physical condition that his beyond the individual’s control (Adjustment disorder). While this Marine is not imminently suicidal or homicidal their retention in the Marine Corps presents a continuing danger of harm to themselves or others. Their adjustment disorder is of such severity that the Marine’s ability to function safely and effectively in the military environment is significantly impaired. Further, it is the opinion of the attending psychiatrist and psychologist that this member has failed to adapt to the military environment and future successful adaptation is not possible for them. Their adjustment disorder is not considered amenable to conventional psychiatric care, nor will transfer to another assignment; disciplinary action, training, or reclassification to another MOS resolve it. It is therefore strongly recommended that the Marine be expeditiously processed for Administrative Separation from the Marine Corps. The service member does not suffer from a mental illness which renders them incapable of knowing the wrongfulness of their actions. They are accountable for their behavior. This member should not handle weapons while in the Marine Corps.”
030107:  CO, Electronics Maintenance Company, recommends to the CO, 3d Material Readiness Battalion that the Applicant discharged by reason of adjustment disorder.
030123:  SACC MCB Okinawa Substance Abuse Treatment: AXIS I: Alcohol Abuse, Provisional major depressive disorder.

 030129:  SACC MCB Okinawa, assign Applicant to US Naval Hospital DAPA, to meet weekly until “flight date”. Medical entry: Diagnostic Impressions: AXIS I: Alcohol abuse.

030129:  Counseled for deficiencies in performance and conduct. Violation of Article 92 (4 specs):
Spec 1: Disorderly conduct.
Spec 2: Making false official statement.
Spec 3: Violating Battalion Order 11000.1D (barracks Order) in that you were found in a male Marine’s room with the door closed.
Spec 4: and two dishonored checks that were written for a total of $402.50.
Charges are held in abeyance due to pending administrative discharge. Applicant desired to make a written statement.

030129:  Applicants statement does not dispute the specification of disorderly conduct and violation of Battalion Order (barracks Order). Applicant does dispute the specifications of making a false official statement and having writing dishonored checks. The Applicant states that when questioned by the Bn CO about a specific incident, she had no recollection of the incident and “could not possibly make any statements regarding this”. The Applicant states that she “received a letter from Fort Sill National Bank” informing her that the “checks were dishonored as a result of a error on the part of the bank”
030129:  Counseled for deficiencies in performance and conduct specifically, “your diagnosis of a personality disorder, adjustment disorder, evidenced by the Mental Health Department memorandum of 021212 which states this Marine is an immediate danger to herself. Per this memorandum, you are not to handle firearms or other weapons while in the U.S. Marine Corps.” Disciplinary and discharge warning issued.
030212:  Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder. “ The factual basis for this recommendation is your suicidal ideations for which you were hospitalized on one occasion. I concur with the medical officers memorandum that reflects that you have episodes of impulsive behavior that presents a continuing danger to yourself and others.”
030212:  Applicant advised of rights and having consulted 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 and to make a statement.
030212:  Commanding officer recommends that the Applicant be “separated with a general (under honorable conditions), characterization of service, by convenience of the government due to a personality disorder. The factual basis for this recommendation is the respondent’s [the Applicant] suicidal ideations for which she was hospitalized on one occasion.”
030221:  GCMCA, CG, 3d Force Service Support Group, directed that the Applicant be separated with a General (Under Honorable Conditions) discharge, 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 20030305 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 character of service was proper and equitable (D and E) but that the narrative reason for separation was improper.
Issue 1. The Applicant submits that “my service in the Marine Corps was near exempliar and that my request for an upgrade should be answered accordingly.” 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 served less than 2 years in the Marine Corps and her record was marred by counseling entries for 4 violations of Article 92 of the UCMJ. 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 is not warranted.

Issue 2. The Applicant submits that “I was told by my psychologist, Dr. C_, that I did not meet the criteria of a personality disorder only an adjustment disorder.” On 20021212, the Applicant was diagnosed with an “Axis 1: Adjustment Disorder with Depressed Mood, Alcohol abuse”. On 20030103, the Applicant’s Company Commander recommended that the Applicant be administratively separated “by reason of adjustment disorder”. On 20030212, the Applicant’s Battalion Commander recommended that the Applicant be “separated with a general (under honorable conditions), characterization of service, by convenience of the government due to a personality disorder”. The Battalion CO refers to the “medical officer memorandum” but that document does not include a diagnosis of personality disorder. Because the reason for separation was not supported by the evidence of record, the narrative reason should be changed to secretarial authority.
In cases where no other reason for separation set forth in the Naval Military Personnel Manual is appropriate, but where separation of a member is considered to be in the best interest of the service, the Secretary of the Navy has the authority to direct the separation of any member prior to the expiration of their term of service. The applicant’s commanding officer determined the applicant had no potential for further naval service. The basis for his determination is clearly documented in the service record. There is no other narrative reason for separation which accurately describes the reason the applicant was separated. Therefore, the NDRB determined that the reason for the applicant’s discharge shall change to Secretarial Authority.

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 documentation to support any claims of post-service accomplishments or any other evidence related to her discharge 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 P1900.16F), 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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