Search Decisions

Decision Text

NAVY | DRB | 2004 Marine | MD04-01059
Original file (MD04-01059.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD04-01059

Applicant’s Request
The application for discharge review was received on 20040617. The Applicant requested the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. Subsequently to the application, the Applicant obtained the American Legion as her representative.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041022. 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 recently finished school and applied for the G.I. Bill for reimbursement. I talked to a VA. Representative, she said I might not be able to get reimbursement for school because I got a General discharge. I was discharged because of Bipolar disorder/Depression. A Doctor recommended I be discharged immediately. When I did get out they handed me a General discharge. When I told the VA representative that, she advised me to get a review of my discharge immediately because, I should have got an Honorable Discharge if being released on a disability.”

Additional issues submitted by Applicant’s counsel/representative (AMERICAN LEGION):

 2. “Equity Issue: Based on our review of evidentiary record and on behalf of this former member, we request that the Board consider provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.
 _______________________________________________________________________
In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition.

Review of the service record reveals that this former member maintained satisfactory PRO/CON markings of 4.2/4.3 and earned the RSB. She had 2 counseling entries and was awarded NJP on 000228 for VUCMJ, Art. 86 and NJP on 000510 for VUCMJ, Arts. 91, 92, 108. On 010802, she received a psychological evaluation that produced a diagnosis for depressive disorder, single episode and borderline personality disorder. She was recommended for administrative separation due to the conditions. Following due process notifications, she was discharged General (Under Honorable Conditions) due to a personality disorder as authorized by MARCORSEPMAN, Par. 6311.

Essentially, as noted on DD Form 293, this Applicant is requesting that her discharge be upgraded because the basis of her discharge was beyond her control and because she has been denied the MGIB benefits that she contributed to. She has not submitted any additional documentation beyond copies of her service records for consideration.

The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., section 1553, and set forth in 32 C.F.R., part 724 and SECNAVINST 5420.174C, enclosure (1).

This case is now respectfully submitted for deliberation and disposition .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member – 1 & 4)
Medical Records (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active:                            None                       HON
         Inactive: USMCR (J)               990309 - 990321  COG

 Period of Service Under Review :
Date of Enlistment: 990322               Date of Discharge: 011107

 Length of Service (years, months, days):

         Active: 02 07 11 (Accounts for lost time)
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 63

 Highest Rank: LCpl                         MOS: 3533, Logistics Vehicle Operator

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (2)                       Conduct: 4.4 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: (010517-010521) 5

 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 :

000228:  NJP for violation of UCMJ, Article 86: … absent herself from her appointed place of duty.
 Awarded forfeiture of $273.00 per month for 1 month, and 10 days restriction and extra duties. Not appealed.

000508:  NJP for violation of UCMJ, Article 92: … violate an order given to her by a NCO.
 NJP for violation of UCMJ, Article 91: … show insubordinate conduct toward a NCO.
NJP for violation of UCMJ, Article 108: … willfully damage a GOV (M813/57424) as a result of her neglect.
Awarded forfeiture of $273.00 per month for 1 month, and 10 days restriction and extra duties. Forf, restriction and extra duties susp for 6 mos. Not appealed.
000705:  Counseled for deficiencies in performance and conduct. [Physical Fitness Test Failure.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
000716:  Counseled for deficiencies in performance and conduct. [Violation of Article 108 of the UCMJ … lose her military identification card.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010802:  Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired. “In addition to her current depression problems, (the Applicant) has had chronic problems adapting to military life because of long-standing personality problems. … All her life, she has had problems with impulsivity, mood instability, chronic anger, … and a tendency to become paranoid and fearful of others.
         AXIS I: Depressive disorder, single episode
         
         AXIS II: Borderline Personality Disorder
010928:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder.
010928:  Applicant advised of her 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.
010928:  Commanding Officer recommended discharge with a general (under honorable conditions) characterization of service by reason of 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 Applicant’s “diagnosis of a severe personality disorder.”

011012:  SJA review determined the case sufficient in law and fact.

011106:  GCMCA [Commander, 1 st Force Service Support Group] directed the Applicant's separation from the service with a general discharge under honorable conditions 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 20011107 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).

Issues 1 & 2: 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. This issue does not serve to provide a foundation upon which the Board can grant relief.

The applicant was diagnosed with a "Personality Disorder" by a Staff Psychiatrist at the Psychiatry Department, Naval Hospital, Camp Pendleton, CA, and was recommended for expeditious administrative separation from the Marine Corps. The Board finds the Reason for Discharge reflects the Applicant's mental health status at the time of her discharge, and the discharge was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge. Additionally, the record does not support the Applicants contention that she was discharged with a disability. The full description of the separation code she was discharged under is “Involuntary discharge – Condition not a disability, Personality Disorder (no board).” No other Reason for Separation could more clearly describe why the Applicant was discharged. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board discovered no impropriety or inequity and considers her discharge proper and equitable. Relief is therefore denied.

 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. This issue does not serve to provide a foundation upon which the Board can grant relief.

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 P1900.16F), 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      


Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00729

    Original file (ND03-00729.rtf) Auto-classification: Denied

    “On behalf of the above referenced applicant, and in accordance with 32 C.F.R., section 724.166; SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the following informal comments; and/or issue(s). Evaluation done by Dr. N_ who recommended pt be administratively separated from the Navy. It is possible that due to her adjustment disorder or depressive disorder NOS triggered by occupational stress, that...

  • NAVY | DRB | 2001_Navy | ND01-01063

    Original file (ND01-01063.rtf) Auto-classification: Denied

    Pt fit for duty psychiatrically, pt should continue evaluation by neurology for her headaches. Relief based on this issue of propriety is not warranted.The applicant’s second issue states: “This discharge is improper because it clearly states in section i, Personality Disorder in SECNAVINST 1910.4B Part 1 reasons for separation, that a separation is not appropriate when separation is warranted on the basis of unsatisfactory performance or misconduct. The summary of service clearly...

  • NAVY | DRB | 2003_Navy | ND03-00754

    Original file (ND03-00754.rtf) Auto-classification: Denied

    The Applicant requests the reason for the discharge be changed to HONORABLE (PERSONALITY DISORDER UPGRADED). Additional comments submitted by Applicant’s representative (American Legion):“On behalf of the above referenced Applicant, and in accordance with 32 C.F.R., section 724.166; SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the following informal comments; and/or issue(s). PART IV - INFORMATION FOR...

  • USMC | DRB | 2001_Marine | MD01-00673

    Original file (MD01-00673.rtf) Auto-classification: Denied

    MD01-00673 Applicant’s Request The application for discharge review, received 010409, requested that the characterization of service on the discharge be changed to honorable. AXIS II: Personality Disorder NOS with Avoidant and Borderline features.991018: 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...

  • NAVY | DRB | 2003_Navy | ND03-00004

    Original file (ND03-00004.rtf) Auto-classification: Denied

    ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.991229: Vacate suspended forfeiture awarded at CO’s NJP dated 991210 due to continued misconduct. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.991230: Applicant to unauthorized absence 0550, 991230. No indication of appeal in the record.000204: NJP for violation...

  • NAVY | DRB | 2001_Navy | ND01-00049

    Original file (ND01-00049.rtf) Auto-classification: Denied

    (Equity Issue) Based on the additional documentation submitted, this former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of the application. Although not imminently suicidal or homicidal, she is a continuing risk to do harm to herself or others; 3) No psychiatric contraindications to any administrative, disciplinary or legal actions deemed necessary by parent...

  • NAVY | DRB | 2000_Navy | ND00-00353

    Original file (ND00-00353.rtf) Auto-classification: Denied

    ND00-00353 Applicant’s Request The application for discharge review, received 000121, requested that the characterization of service on the discharge be changed to honorable. 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 (C and D).In response to the applicant’s issue 1, the Board found that the applicant was processed and ultimately discharged from the Navy for a...

  • NAVY | DRB | 2003_Navy | ND03-00515

    Original file (ND03-00515.rtf) Auto-classification: Denied

    ND03-00515 Applicant’s Request The application for discharge review was received on 20030211. (f) (1).As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C. 950623: Medical Request to Mental Health: 21 year old active duty female...

  • USMC | DRB | 2001_Marine | MD01-01037

    Original file (MD01-01037.rtf) Auto-classification: Denied

    MD01-01037 Applicant’s Request The application for discharge review, received 010802, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Convenience of Government. 010208: 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 evaluations. The...

  • NAVY | DRB | 2004 Marine | MD04-00897

    Original file (MD04-00897.rtf) Auto-classification: Denied

    6203.3 PART I - APPLICANT’S ISSUES AND DOCUMENTATION “I was discharged from the United States Marine Corps with a General Under Honorable Conditions Discharge.” 7. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s...