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NAVY | DRB | 2004 Marine | MD04-01349
Original file (MD04-01349.rtf) Auto-classification: Denied


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

ex-LCPL, USMC
Docket No. MD04-01349

Applicant’s Request
The application for discharge review was received on 20040825. 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 20050615. 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:

“Issue #1. My discharge was inequitable because it was based upon personal issues in the 35 months of service with no other adverse action.”

Applicant’s statement attached to the DD-293 form:

 “Naval Council of Personnel Boards,
My name is J_ E_ B_ (Applicant), otherwise known as LCpI B_ , J.E. [Applicant]. On the seventh day of January in the year two thousand one, I joined the United States Marine Corps and was stationed at Camp Lejeune, North Carolina. My MOS was 0331, with 1/6 Charlie Company. In the fall of the year two thousand three, I was moved to 1/6 H&S. My EAS was intended to be the seventh day of January in the year two thousand five. Due to numerous personal matters, which hindered my ability to perform my duties to the standards and expectations I was held to, I was unfortunately discharged on the nineteenth day of November in the year two thousand three. My discharge was general under honorable conditions. As it has been several months from my discharge my life has changed for the better. Since my discharge I have sought help for my personal issues, and they are being resolved in the proper manner, as I have been able to dedicate the majority of my time and effort in doing so. My wife and I also had a child on the twenty fourth day of march in the year two thousand four, which has been a major factor in helping me to overcome the problems I was having. As I would like to be the proper husband and father to my family, I would greatly appreciate the opportunity to have my discharge upgraded. If that were to occur and I was eligible to access my Montgomery GI Bill, given to me by the United States Marine Corps, I would continue my education. In doing so that would allow me to further my knowledge, in which I would be able to acquire an employment position that would present me with the financial stability and health benefits that my family should have. As a father and a husband I feel it is my duty to make sure my family is provided with these things. I am asking you to please give my plea reasonable assessment and consideration. If I were able to have my discharge upgraded my life and my family’s lives, will be bettered to a degree in which I can not express in words. I appreciate this opportunity to be given the chance to address this letter to you and I thank you for your time and consideration.

Sincerely,
J_E_B_”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from the Applicant, not dated
Letter from C_ A_ B_, not dated
Copy of Meritorious Mast, dated 12 April 2002
Copy of Meritorious Promotion warrant, dated 2 July 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                001024 - 010107  COG

 Period of Service Under Review :
Date of Enlistment: 010108               Date of Discharge: 031119

 Length of Service (years, months, days):

         Active: 02 10 11 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 8                         AFQT: 77

 Highest Rank: LCpl                         MOS: 0331

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (8)                       Conduct: 4.3 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM, NDSM, REB, PEB

 Days of Unauthorized Absence: 15

 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 :

030424:  Applicant examined by the 2d Marine Division Psychiatrist. Referred to
                  mental health exam because he “pulled a rifle on his wife”
                  Axis I: a) Marital Problem; b) History of Substance Abuse
                  Axis II: Borderline Traits, rule-out disorder
                  Axis III: None
 Recommendation: Return to full duty. Contact Family Advocacy. Meet with his Marine Liaison. Group Therapy. ATF referral.

030429:  Statement of Understanding of treatment for substance abuse at a Veterans Administration Medical Center. Applicant provided with contact information if he should require assistance for substance abuse after his discharge.
030730:  Applicant examined by the 2d Marine Division Psychiatrist.
Applicant diagnosed with a Personality Disorder, Not Otherwise Specified, with Borderline Features. The Applicant is not mentally ill and is responsible for his behavior. The Applicant does manifest a long-standing disorder of character and behavior. The Applicant had adjusted poorly to the demands of military service and is unmotivated for continued military service, despite appropriate leadership, counseling, discipline, and other interventions. The Applicant is not imminently suicidal or homicidal but does pose an immediate danger to himself. The Personality Disorder existed prior to enlistment and will continue beyond military discharge. Recommendation: Applicant should be processed expeditiously for an administrative discharge.

030810:  Counseled for deficiencies in performance and conduct. [Specifically, the Applicant was absent from duty on 27 July 2003 and remained away until 4 August 2003. The Applicant was not charged with UA because of his medical condition. That being Personality Disorder with borderline features.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030822:  Applicant referred to the Naval Hospital Camp Lejeune Alcohol Treatment Facility for IOP.

031021:  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 conducted by the Division Psychiatrist. The factual basis for this recommendation is that the Division Psychiatrist has diagnosed the Applicant with a personality disorder, not otherwise specified with borderline features. Associated behaviors such as potential danger to self, renders the Applicant unsuitable for further military service. Commanding Officer’s comments: “ I have personally spent a considerable amount of time counseling Lance Corporal B_. Unfortunately his mental state and propensity to harm himself and others precludes him from future military service. In my conversations with him, he states that prior to enlisting in the Marine Corps he went for family counseling for a period of two years and between the ages of 13-16, he saw a psychiatrist for a variety of reasons. His immediate leaders assessment is that his mental status hinders the execution of his required duties. I concur with his immediate leaders that Lance Corporal B_ ‘ current mental status and defective behaviors are not conducive to the good order and discipline of this command or the U.S. Marine Corps.”

031106:  SJA review determined the case sufficient in law and fact.

031107:  Applicant counseled by the Commanding Officer that he will be receiving a reenlistment code of RE-4 due to Personality Disorder.

031113:  GCMCA, Commanding General, 2d Marine Division, directed the Applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

Parts of Applicant’s discharge package missing from service record

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031119 with a general (under honorable conditions) characterization for convenience of the government due to a personality disorder (A and B). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).

Issue 1. The Applicant contends that his “discharge was inequitable because it was based upon personal issues”. While he may feel that his personal issues were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20030730. The medical authority stated that the Applicant was not mentally ill and was responsible for his behavior. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

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 a retention warning for violation of Articles 86 (UA for a total of 15 days) of the UCMJ. In addition, the Applicant was referred to Camp Lejeune Alcohol Treatment Facility for screening. 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 Naval 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his 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 P1900.16E), effective 18 Aug 95 until 31 August 2001.

 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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