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NAVY | DRB | 2004 Marine | MD04-01128
Original file (MD04-01128.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD04-01128

Applicant’s Request
The application for discharge review was received on 20040629. 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 a representative on his DD Form 293.

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: UNDER HONORABLE CONDITIONS (GENERAL)/Convenience of the Government, Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

Applicant’s issues, as stated on the application:

 1. “During the time before my separation my fiance had contracted Cervical Cancer. I had become very depressed ,concerned and I felt very helpless. I was unable concentrate on my duties and my training. I requested to go see her before she was scheduled for surgery. That request was denied due to the fact that she was not a relative. After that decision I became more distant towards my superiors. Things began to spiral out of control. I attempted a “Suicide” not to kill myself but to get the attention of my superiors, and hopefully go home. That was not a good idea, everyone knew I was faking the attempt. Shortly after that incedent I was involved in an altercation while on firewatch and my jaw was broken. For weeks I had my mouth wired shut. I was unable to go home and had to stay on base. Here I was tased daily, I lost 65 pounds and fell even further into my depression. Things were just not going well. Eventually I was discharged in December 93’ . At the time I was happy to be gone.

Now I am 31. I do regret some of the decisions I made in the military. I went on to graduate from college and start my own company. 11 years have passed and I am hoping that in the near future my discharge will be upgraded from GUH to Honorable. I love the Marines and pray for the soldiers who protect my freedoms and sacrifice their livelihood. I love my country and want to continue to contribute to our way of life without the doubt a GUH discharge brings.
Thank you for your time.

C_ A. G_”
Documentation
The Applicant submitted no additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None                      
         Inactive: USMCR (J)               910510 - 920322  COG

 Period of Service Under Review :
Date of Enlistment: 920323               Date of Discharge: 921222

 Length of Service (years, months, days):

         Active: 00 09 00                  Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 59
Highest Rank: PFC                          MOS: 0300, Basic Infantryman
Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.0 (*)                       Conduct: 4.1 (*)
Military Decorations: None
Unit/Campaign/Service Awards: NDSM
Days of Unauthorized Absence: None

 * Extracted from Administrative Company Commanding Officer’s letter which
recommended 2.0/3.0 discharge Proficiency and Conduct marks
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Convenience of the Government, Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.
Chronological Listing of Significant Service Events :

910508:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver was granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
 920909:  Medical evaluation by a military psychiatrist concluded 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 emotional features, resolving
         AXIS II: Personality disorder, Schizotypal type, EPTE Disqualifying

         The patient is not mentally ill and is responsible for his own behavior. Although technically fit for full duty, he does present a behavioral disorder of sufficient severity as to preclude further satisfactory military service.

921001:  Counseled for deficiencies in performance and conduct. [Personality disorder which is so severe that it adversely affects (the Applicant’s) ability to function effectively in a military environment and (the Applicant’s) unsatisfactory performance and conduct which is evidenced by (the Applicant’s) lack of reasonable effort and (the Applicant’s) failure to adapt to the Marine Corps environment.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
        
921001:  Medical evaluation at the Naval Hospital, Camp Lejeune. At approximately 0730, the patient reports angrily and impulsively getting a variety of medications from his barracks, which included Entex, Pseudoephedrine, ibuprofen, hydroxyzine, … having ingested a small number of each …

         The patient related to the interviewer in a cooperative but somewhat arrogant and defiant fashion, without evident remorse for his behavior, although readily acknowledging on presentation to ward “that his intent had not been to harm himself, but rather a nonspecific expression of his anger and frustration with staff NCO. The patient subtly further related to examiner the belief that such dramatic gesture or suicide attempt had, to his knowledge, resulted in peers and other active duty associates ‘getting out on a separation sooner than the other guys.”

         AXIS I: Adjustment Disorder with mixed emotional features
          AXIS II: Narcissistic Personality disorder with antisocial and Schizoid features
         AXIS III: Status-post mixed pill overdose-nontoxic, fully resolved
         … initially admitted on suicide precautions, such precautions were discontinued shortly after initial evaluation by psychiatric medical officer ...
921005:  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 the Applicant’s “demonstrated inability to adjust to military life and unsuitability for further military service ...”

921005:  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.

921005:  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 evaluation. The factual basis for this recommendation was the Applicant’s “demonstrated inability to adjust to military life and unsuitability for further military service ...”

921015:  Counseled for deficiencies in performance and conduct. [… recommended for a 2.0 proficiency mark due to (the Applicant’s) lack of dependability and requiring an inordinate amount of supervision on all tasks … recommended for a 3.0 conduct mark due to (the Applicant’s) unfavorable impressions of bearing, attitude and reliability.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
921104:  NJP for violation of UCMJ, Article 113: … while pasted as firewatch, did leave his post … before he was regularly relieved.
 NJP for violation of UCMJ, Article 116: … participated in a breach of the peace by fighting in the squad bay.
Awarded forfeiture of $183.00 per month for 1 month, and 14 days restriction and extra duties. Not appealed.
921201:  GCMCA [Commanding General, Marine Corps Base, Camp Lejeune] 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 19921222 under honorable conditions (general) 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 “Narcissistic Personality Disorder with Antisocial and Schizoid features” (which existed prior to enlistment) by Military Psychiatrist at the Naval Hospital in Camp Lejeune , NC and was recommended for expeditious administrative separation from the Marine Corps. The Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for his discharge. While he may feel that his girl friend’s alleged medical condition was a contributing factor, it does not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service. Additionally, the Applicant’s service record is marred by the awarding of non-judicial punishment (NJP) for misbehavior of sentinel and breach of peace . Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. An upgrade to honorable conditions would be inappropriate. 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.
B. Table 6-1, Guide for Characterization of Service of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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