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NAVY | DRB | 2004 Marine | MD04-01391
Original file (MD04-01391.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD04-01391

Applicant’s Request
The application for discharge review was received on 20040830. 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. Subsequent to the application, the Applicant obtained representation from the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050831 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an 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 change. The discharge shall change to: HONORABLE/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 did not want to get out of the Marines and I never got into any trouble. Someone told my platoon sergeant that I was acting different and so I was ordered to get an evaluation. This led to my diagnosis of a personality disorder and finally a discharge.”

 The Applicant’s representative submitted no issues for consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Six pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                001214 - 010116  COG

 Period of Service Under Review :
Date of Enlistment: 010117               Date of Discharge: 010917

 Length of Service (years, months, days):

         Active: 00 08 01
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 80

 Highest Rank: PFC                          MOS: 4000

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2*                          Conduct: 4.2

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge

 Days of Unauthorized Absence: None

*Extracted from CO’s letter of 20010810

 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 :

010612:  Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired. Although not considered presently suicidal or homicidal, the Applicant is judged to represent a continuing risk to self or others due to low impulse control secondary to Personality Disorder.

010614:  Counseled for deficiencies in performance and conduct. [Diagnosed with a personality disorder per MCO P1900.16E, paragraph 6203.3, a diagnosis of a personality disorder with non-medical evidence does constitute grounds for discharge and finds you fit for full duty.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010806:  Applicant notified of intended recommendation for general (under honorable conditions) discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation.

010810:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

010810:  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 your diagnosis on 010612 with an adjustment disorder with anxiety and depressed mood, and a borderline personality disorder.

010820:  SJA review determined the case sufficient in law and fact.

010823:  GCMCA [Commanding General, Marine Air Ground Task Force Training] 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 20010917 with a general (under honorable conditions) for convenience of the government due to a personality disorder (A and B). 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).

 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. In reviewing the Applicant’s record, the Board found the Applicant proficiency/conduct marking averages to be 4.2/4.2 respectively. The Board also found no counselings, nonjudicial punishments, or evaluations to warrant a general (under honorable conditions) characterization. Therefore, the Board found that the Applicant’s general (under honorable conditions) characterization inequitable and voted unanimously to change the Applicant’s discharge characterization to honorable. Relief 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. 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 .

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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