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USMC | DRB | 2005_Marine | MD0500064
Original file (MD0500064.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD05-00064

Applicant’s Request
The application for discharge review was received on 20041007. 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 selected the Veterans of Foreign Wars as her representative.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050713. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service. The Board ’ s vote was unanimous that the character of the discharge shall change, but by unanimous vote, the narrative reason for discharge shall not 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. “Tour was served honorably. Forced to agree to GUH. Need Hon. For school”

Remarks:

“All paperwork is located at the V.A. officer at Arizona State University. POC – J_ N_”

Additional issues submitted by Applicant’s counsel/representative (Veterans of Foreign Wars):

2. “We contend the applicants medical condition contributed significantly to her misconduct (see medical report of Sept 02) based on her ability to control herself i.e. burst of anger we recommend that the discharge be changed to honorable.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter to Applicant from Director of Admissions, Washington State University, dated September 10, 2004
Letter to Applicant from Office of Student Financial Aid, Washington State University, dated September 15, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              980706 - 020219  HON
         Inactive: USMCR(J)                970707 - 980705  COG

 Period of Service Under Review :
Date of Enlistment: 020220               Date of Discharge: 021014

 Length of Service (years, months, days):

         Active: 00 07 25
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rank: LCpl                         MOS: 1171

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (1)                       Conduct: 4.4 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, LoA (2)

 Days of Unauthorized Absence: None

 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 :

020220:  Applicant reenlisted for 4 years.

 020910:  Medical record entry: [Patient presents for referral. Patient has some thought of suicide. Patient has history of attempts. Evaled by Dr. C_ 011115. Patient proscribed Prozac… ran out of meds and never followed up with him although patient did go to FSC 5-6 times…] Applicant signed contract of intention not to harm self or others.

020912:  Medical evaluation by a military psychiatrist.
         Patient reports: […Possible 3 rd charge of disrespecting a superior.]
 Disposition: [Patient fit for full duty but unsuitable for further service. Given her inability to adapt to the military as evidenced by her chronic suicidal ideation, mood swings, and anger dyscontrol, it is strongly recommended she receive an expeditious administrative separation based on a personality disorder. If this service member is retained in the service, she will remain a risk of self harm and will require further psychiatric intervention.]
         AXIS I: No major mood disorder
         AXIS II: Borderline personality disorder.
         AXIS III: None.
         AXIS IV: Occupational, victim of child sexual abuse.
         AXIS V: 70.

 020919:  Applicant notified of intended recommendation for honorable discharge for the convenience of the government due to a documented personality disorder. On 020912, the Applicant was diagnosed by Lieutenant Commander J. W_, Department, U.S. Naval Medical Center, Camp Pendleton, as having an personality disorder and character which severely interferes with continued military service. Applicant informed the least favorable characterization possible is general (under honorable conditions).

020920:  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.

020920:  Commanding Officer, 9 th Communication Battalion, recommended discharge for the convenience of the government due to a personality disorder with a general (under honorable conditions) characterization.

020925:  Battalion Surgeon recommended to the Commanding Officer that Applicant be expeditiously administrative separated due to a diagnosis of a personality disorder. Applicant has been found unsuitable for further service.

 021007:  SJA review determined the case sufficient in law and fact.

021008:  Commanding General, I Marine Expeditionary Force, 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 20021014 with a general (under honorable conditions) characterization of service 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 the discharge inequitable (C).

On 20020912, competent medical authority recommended the Applicant for an expeditious administrative discharge due to her diagnosed borderline personality disorder. On 20020919, the Applicant’s Commanding Officer notified the Applicant that he was recommending her for an honorable administrative discharge based on her personality disorder, with the least favorable characterization of service possible of general (under honorable conditions). On 20020920, the Applicant waived her rights to submit a statement to the Separation Authority and to seek qualified counsel. On 20020920, the Commanding Officer recommended the Applicant be separated from the Marine Corps due to a personality disorder with a general (under honorable conditions) characterization. Based upon the above facts, the Board determined that the Applicant’s characterization was inequitably assigned. It was the Board’s view that the Applicant’s wavier of rights was based, in part, upon her Commanding Officer’s stated intention to recommend that she receive an honorable discharge. His subsequent decision to recommend a characterization of general (under honorable conditions), without providing an opportunity for the Applicant to reconsider her wavier of rights, constituted an inequity since the Applicant should have been able to rely on her Commanding Officer’s pre-waiver representations. Relief granted.



 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 02 Sep 01 until Present.

 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 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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