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NAVY | DRB | 2004 Marine | MD04-01469
Original file (MD04-01469.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD04-01469

Applicant’s Request
The application for discharge review was received on 20040921. The Applicant requests the reason for the discharge be changed to “hardship.” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050524. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the discharge action but did not discern an inequity in the characterization of the Applicant ’ s service. The Board’s vote was unanimous that the character of the discharge shall remain uncharacterized and that the narrative reason for discharge shall change to secretarial authority. The discharge shall change to: UNCHARACTERIZED/SECRETARIAL AUTHORITY.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

Applicant’s issues, as stated on the application:

 1. “My discharge was inequitable because during training my mother suffered a massive heart attack and was in a very unstable condition. After graduation, I verbally inquired to my CO as to whether a request for a short leave could be granted so that I might return home where I felt I was needed by my family. My CO informed me that unless an outside source contacted the Red Cross, leave would not be granted. I was referred to the chaplain on base at Camp Pendleton. I explained to him what was happening and why as the oldest son, I felt that I was needed at home for a short period of time. The chaplain referred me to a therapist saying that was the quickest route to take. The chaplain told me what I needed to say to the therapist to be discharged as quickly as possible. I attended one meeting with the therapist and explained the situation and was almost immediately placed in separation platoon and processed out very quickly. No other options were given to assist me in this situation. ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
10 pages from Applicant’s medical record
Reference from C_ M_ C_, Black River Technical College dtd 040907
Reference from Dr. L_ E. M_, Black River Technical College dtd 040912
Applicant’s ltr dtd 041014
Report of Psychological Examination of 041102 (5 pages)
Applicant’s ltr with request for military records dtd 050412

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                960927 - 970707  COG

 Period of Service Under Review :
Date of Enlistment: 970708      Date of Discharge: 971126

 Length of Service (years, months, days):

         Active: 00 04 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 69

 Highest Rank: PFC                          MOS: 9971

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (2)                       Conduct: 4.1 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

 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 :

971017:  Medical evaluation: Impression: Adjustment disorder with depressed mood. Recommend entry level separation for failure to adapt (expeditious).

971020:  Counseled for deficiencies. [DEPRESSION WITH SUICIDAL IDEATION.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
971103:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as uncharacterized for the convenience of the government due to a personality disorder, based upon a diagnosed adjustment disorder.

971103:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

971103:  Commanding Officer recommended the Applicant’s uncharacterized discharge for the convenience of the government due to a personality disorder. The factual basis for this recommendation is the Applicant’s demonstrated poor coping and problem solving skills, inability to adapt to military life and suicidal/homicidal ideations.

971106:  Applicant to voluntary leave awaiting administrative separation.

971107:  Commanding General, Marine Corps Base, Camp Pendleton, directed the Applicant's uncharacterized discharge 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 19971126 with an uncharacterized character of 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 character of service was equitable but that the narrative reason was improper (D and E).

Issue 1. The Applicant’s contends that he should have received a discharge by reason of hardship. Whether or not a credible hardship existed at the time of the Applicant’s separation, his command did not attempt to process the Applicant for a discharge by reason of hardship. The NDRB is limited in changing the narrative reasons for discharge to “Secretarial Authority” unless an administrative error was deemed to be the source of an improper narrative reason. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. Because the Applicant was never diagnosed as suffering from a personality disorder as is required by Reference (A), the Board found the Applicant’s narrative reason for separation improper. As such, the Board voted unanimously to change the narrative reason for separation to “Secretarial Authority.” Partial relief granted.

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 five months in the military to warrant a change of discharge to "honorable." The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) 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. 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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