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USMC | DRB | 2005_Marine | MD0500209
Original file (MD0500209.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD05-00209

Applicant’s Request
The application for discharge review was received on 20041110. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050201. 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. “I believe that my discharge should be upgraded because all of my adverse actions resulting in charges were a direct result of my documented medical condition.

I would like to also show what all of my superiors thought about me. This is why I included Document 1. All of the comments written on this charge sheet were positive and show that I was a good Marine.

Documents 2 and 3 show my medical condition. I was diagnosed by 3 different doctors with a chronic personality disorder. The nature of the disorder causes suicidal ideations and impulsive actions. I was also diagnosed with character pathology and an adjustment disorder. All of the disorders have caused hospitalization.

It is because of these disorders that I showed poor judgement on a few occasions, and I was charged for it. I do believe, however, that I deserve an honorable discharge because overall, my service was outstanding. All of my superiors would agree.

I regret that this medical condition forced me out of the Marine Corps early, but do not think that I should continue to be punished with a general discharge as a result. Thank you for your consideration.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Five 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)                010516 - 011106  COG

 Period of Service Under Review :
Date of Enlistment: 011107               Date of Discharge: 040210

 Length of Service (years, months, days):

         Active: 02 03 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 84

 Highest Rank: LCpl                         MOS: 6821

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (1)                       Conduct: 3.9 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: RMB, SSDR, NDSM

 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 :

020528:  Counseled for deficiencies in performance and conduct. [Violation of Article 134 sub par 82. On 020509 you were a passenger in a vehicle that was involved in an accident and fled the scene. As one of two senior Marines present you permitted the driver to leave the scene of the accident without calling the base security force.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020709:  NJP for violation of UCMJ, Article 92:
         Specification: Consuming alcohol under the legal age in the barracks.
         Awarded reduction to Pvt (suspended for 6 months).

 031029:  NJP for violation of UCMJ, Article 92:
 Specification: Failure to obey order or regulation on 031005, to wit: violated MCO P2024.4.
Awarded forfeiture of $678.00 per month for 2 months, restriction for 60 days, reduction to E-2 (reduction suspended). Not appealed.
031107:  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. Recommended expeditious administrative separation.

         AXIS I: Adjustment disorder with mixed disturbance of emotions and conduct.
         PRP.
         AXIS II: Personality disorder not otherwise specified with dependent, immature, and borderline features.
         AXIS III: No diagnosis.
         AXIS IV: Occupational problems, PRP.
         AXIS V: GAF=50 upon admission, 60 upon discharge.

 031110:  NJP for violation of UCMJ, Article 92:
 Specification: Failure to obey order or regulation on 1600, 031029, to wit: violated his restriction orders, Par 3, by going to a place other than a designated place stated in the restriction orders and failed to muster with the DNCO at the appropriate time.
Awarded restriction for 60 days, reduction to E-1 (reduction suspended). Not appealed.
031201:  Counseled for deficiencies in performance and conduct. [Personality disorder.] Necessary corrective actions explained, sources of assistance provided. Applicant acknowledged understanding of recommendation for an expeditious administrative separation.

031211:  Counseled for deficiencies in performance and conduct. [Your personality disorder.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

031219:  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.

031219:  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.

031219:  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 a medical evaluation. The factual basis for this recommendation was your hospitalization due to chronic low frustration tolerance, impulsivity, and recurrent suicidal ideation.

040120:  GCMCA [Commanding General, 1 st Marine Aircraft Wing] 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 20040210 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. The Applicant’s statement and documentation provided do not refute the presumption that he was properly and equitably discharged under honorable conditions (general) due to a personality disorder. A characterization of service of under honorable conditions (general) 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. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on three occasions for violation of lawful orders and regulations and adverse counseling entries on other occasions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. The positive aspects of the Applicant’s record and his diagnosis to possess a personality disorder do not mitigate his misconduct to a degree that would warrant an honorable discharge. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety is evident during the Applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his 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 P1900.16F), 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 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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