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NAVY | DRB | 2004 Marine | MD04-01350
Original file (MD04-01350.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD04-01350

Applicant’s Request
The application for discharge review was received on 20040823. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance discharge review before a traveling panel closest to Chicago, IL. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041222. 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: UNCHARACTERIZED/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:

 “ Uncharacterized” discharge changed to “Honorable”
“RE4” changed to RE1”

 Submitted by Applicant subsequent to submission of application:

“ To whom it may concern:

I am writing this letter in hopes of rejoining the Marine Corps. Six years ago this month I left foor boot camp and completed my basic training. But soon after I made the mistake which led me to being discharged and have regretted it ever since. It recently came to my attention that it would be possible to return to the military if my discharge was upgraded to a “RE1” from a “RE4” or to a code which would enable me to return to correct my mistake.
Since making that horrible mistake I have grown as a man, an individual, am now more mature and will be a valuable asset to the Corps. If, after given a second chance I discovered that boot camp was necessary, I would do it again, happily. I would use the opportunity to guide and help recruits as to what they can expect and problem solving. Over the years I’ve had time to reflect on what happened, I will respect whatever decision is made but I want to rejoin the Marine Corps. I am aware that this is a slim chance but everyone deserves a second chance. Once given the opportunity, I will make sure that it is not wasted nor regretted, you have my word .
In closing I would like to thank you for your time and consideration in this matter.

I have also enclosed two letters from two former Marines to aid in your decision.
Sincerely,
P_ C_ “
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from Applicant’s employer, N_ M_, dtd 8-10-04
Letter from Applicant’s Uncle, W_ M. T_ , dtd July 27, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970929 - 980816  COG

 Period of Service Under Review :
Date of Enlistment: 980817               Date of Discharge: 990212

 Length of Service (years, months, days):

         Active: 00 05 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 50

 Highest Rank: Pvt                          MOS: 9971

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: *NMF                          Conduct: *NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: RMB

 Days of Unauthorized Absence: None

* No found in the Applicants service record.

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

981214:  Applicant evaluated at Mental Health Department, Naval Hospital Camp Pendleton, CA by a military psychiatrist. The Applicant stated that he is not able to adapt to the military training. No suicidal or homicidal plans at this time.
         AXIS I: Occupational problem, defective attitude
         AXIS II: Personality Disorder NOS
 Applicant scheduled for further evaluation. No weapons handling. Applicant is fully responsible for his behavior.

981222:  Applicant evaluated at Mental Health Department, Naval Hospital Camp Pendleton, CA by military psychiatrist.
         AXIS I: Occupational problem, nonadapt, defective attitude
         AXIS II: Personality disorder NOS, borderline features, emotion of unstable, suicidal and gestures.
         Disposition: Referred for Administrative Separation, Entry Level Separation. Member [Applicant] has a Personality Disorder of such severity to render him unsuitable for further military service. Recommend separation IAW Marine Corps Separation and Retirement Manual, Chapter 6, 6203 Par 3 (Convience of the Government).
                   Recommendation: Entry Level Separation is strongly recommended. If he
                  remains on active duty he is a high risk for self harm and others.

 990115:  Applicant notified of intended recommendation for discharge with a characterization of service of uncharacaterized for the convenience of the government due to a personality disorder. The factual basis for this recommendation is your immaturity, poor coping and problem solving skills, suicidal ideations, and severe depression, all indicative of your diagnosed adjustment disorder.
990115:  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.

990126:  Commanding officer recommended that the Applicant be discharged with an uncharacterized characterization of service for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by a psychological evaluation.. The factual basis for this recommendation was: “Pvt C_ [Applicant] demonstrated poor coping and problem solving skills, suicidal ideations, and severe depression. He was subsequently diagnosed by medical authorities as suffering from an adjustment disorder. Through his actions and inability to adapt to military life, Pvt C_ has demonstrated that he is incapable of continued service in the United States Marine Corps”.

990129:  GCMCA, Commanding General, Marine Corps Base, Camp Pendleton, CA, directed the Applicant's discharge with a characterization of service of uncharacaterized 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 19990212 with uncharacterized service 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).

 Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" or entry-level separation unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during his less than 6 months in the military to warrant a change of discharge to "honorable."

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 Applicant was diagnosed with a personality disorder by a competent medical authority on 981222. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation, which provides that an unfavorable discharge, may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. The applicant provided letters from his employer and his uncle as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. For example, the applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities, in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in his characterization of discharge. Therefore, no relief will be granted.

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 II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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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