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NAVY | DRB | 2004 Marine | MD04-01447
Original file (MD04-01447.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD04-01447

Applicant’s Request
The application for discharge review was received on 20040913. The Applicant requested 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 Denver, Colorado. The Applicant did not list a representative on his DD Form 293. In the acknowledgement letter, the Applicant was informed the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised him 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: 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. “Gentlemen:

 My name is R_ S. S_ ( Applicant ). I was born in Brownsville, Texas on May 14, 1973. I feel that my discharge was unjustly given due to the fact that I was given no official reprimand outside of being restricted to the Base.
I don’t believe that the board considered the circumstance of my unauthorized absence. Therefore, I would like to state the following for your review as I am requesting that my discharge be upgraded to Honorable.
I enlisted in the United States Marine Corps on September 1995. As I was going to boot camp, I received a letter from my mother that my son was having serious breathing difficulties due to an abnormality on his windpipe (this was as per his pediatrician). Having lost a younger brother to what seemed to be very similar circumstances I became very nervous. Even though I felt that I should be there, with boot camp almost being completed, I decided to see it to the end and graduated from boot camp on December 22, 1995.
After graduation, I came home for two weeks and was involved in a motorcycle accident and was hospitalized for 3 days in Matamoros. After returning to the base, I was assigned to rehab platoon for three months. Again, I received notice that my son was having problems breathing.
After returning to my base, I began to have feelings of depression and would talk about committing suicide. I was sent to the doctor who would ask me why I felt this and I would tell him it was due to the health of my son. I mentioned to him that the thought of committing suicide was just that and not more. I was simply talking this way because I felt lost and I would not know what to do if I lost my son. It is not uncommon to feel lost and depress when something like this happens.
I feel that exposing my feelings was used against me and therefore was given a discharge with a “general under honorable conditions” and with a narrative reason of “personality disorder”.
I also did not go through an Administrative Board. I was not given proper time to explain or defend myself I feel that with proper counseling, I would have been able to conquer these feelings of depression as I presently have and would have completed my time in the Marine Corps.
I ask that you consider my circumstances and render a favor decision on my request. Please advise me if you should need any further documentation.
Respectfully,
(Signed)
 R_ S. S_ ( Applicant ) ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active:                            None                       HON
          Inactive: USMCR (J)               941118 - 951002  COG
Period of Service Under Review :
Date of Enlistment: 951003               Date of Discharge: 960510

 Length of Service (years, months, days):
Active: 00 06 28 (Accounts for lost time.)       Inactive: None
Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 50
Highest Rank: PFC                          MOS: 9971 (Basic Marine)
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (1)                       Conduct: 4.2 (1)
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM
Days of Unauthorized Absence: (10) 960209 - 960218

 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 :

960213:  Applicant UA(AWOL) since 1801, 960209.
960222:         Applicant surrendered from UA(AWOL) at 1800, 960219.

 960222:  Medical evaluation by a military psychiatrist concluded that 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 (depressive and
        anxious features)
        
         AXIS II: Personality disorder NOS with Borderline and dependant traits

         AXIS III: Stuttering. Psychological when anxious and stressed – EPTE
         Lower Back pain - EPTE

 960227:  Counseled for deficiencies in performance and conduct. [Immature and Irresponsible behavior, Poor coping and problem solving skills, Avoidant attitude and approach to your responsibilities as a Marine, Poor attitude relative to your military obligations as a Marine, Self-destructive and suicidal ideations.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960405:  NJP for violation of UCMJ, Article 86: … UA/AWOL …
 Awd forf of $200.00 per month for 1 month, and 12 days restriction and extra duties. Forf susp for 2 mos. Not appealed.
960405:  Counseled for deficiencies in performance and conduct. [… Absent himself without proper authority...] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960422:  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 mental evaluation consult at the Mental Health Clinic, Camp Pendleton.
960422:  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.
960422:  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 and the Applicant’s “demonstrated poor coping and problem solving skills, his inability to adapt to military life, and suicidal ideations.”

960501:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton] 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 19960510 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).
Issue 1: Competent medical authority at the Mental Health Clinic, Naval Hospital, Camp Pendleton, CA, diagnosed the applicant with a " Personality disorder NOS with Borderline and dependant traits " which was “manifest by impulsivity, recurrent suicidal ideations, emotional instability, lack of self confidence and low self image” and recommended the Applicant for expeditious administrative separation from the Marine Corps. The Board found the Reason for Discharge reflects the Applicant's mental health status at the time of 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 separation from the service. The contention the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance.

After a complete review of the record, including the evidence submitted by the Applicant, the Board found the Applicant’s characterization of discharge was appropriate. The Applicant readily admits he had a problem with “feelings of depression and would talk about committing suicide.” His contention that he did not receive proper counseling does not mitigate the conduct or reason for which he was discharged. Relief denied.

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. While he may feel that family problems were contributing factors to his misconduct and depression, they do not mitigate the Applicant’s disobedience of the orders and directives regulating good order and discipline in the United States Marine Corps. His service record is marred by award of nonjudicial punishment (NJP) for being ten (10) days in an unauthorized absence status; thereby, substantiating his misconduct and demonstrating he was unsuitable for further service while supporting the “Personality disorder” diagnosis. It must be noted most Marines serve honorably and earn their honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure the undeserving receive no higher a service characterization than is due. 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 P1900.16E), 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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