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USMC | DRB | 2005_Marine | MD0500482
Original file (MD0500482.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD05-00482

Applicant’s Request
The application for discharge review was received on 20050125. 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050516. 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

No issues were submitted by the 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
         Inactive: USMCR(J)                011023 - 011210  COG

 Period of Service Under Review :
Date of Enlistment: 011211               Date of Discharge: 040408

 Length of Service (years, months, days):

         Active: 02 03 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rank: LCpl                         MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (5)                       Conduct: 3.9 (5)

 Military Decorations: None

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

 Days of Unauthorized Absence: 10

 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 :

021127:  NJP for violation of UCMJ, Article 86: UA from 0730 until 1730, 021025; violation of UCMJ, Article 92: Consuming alcohol under the legal drinking age of 21.
 Awarded forfeiture of $289.00 pay per month for 1 month, restriction and extra duties for 13 days. Not appealed.
040305:  NJP for violation of UCMJ, Article 86: On or about 040223 to 040229 (7days), LCpl G___ (Applicant) was UA from his appointed place of duty.
 Awarded forfeiture of $668.00 pay per month for 2 months (suspended for 6 months), restriction and extra duties for 45 days, reduction to E-2. Not appealed.
040305:  Counseled for deficiencies in performance and conduct. [On or about 040223 you violated Article 86, specifically UA from your appointed place of duty. Your failure to obey and follow the rules and regulations is conduct inconsistent with the traditional good standard of good order and discipline. Your lack of discipline and judgment is conduct unacceptable and will not be tolerated.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

040323:  Medical evaluation: [Applicant] was presented to mental health following his discharged from the TAMC psychiatric ward. He had been admitted following a suicide attempt wherein he took an overdose of Zoloft and Paxil (20 pills of each). He reports a history of prior suicide attempt in 2001 prior to enlisting in the USMC. At the time he had cut his wrist. He also reports prior plans to commit suicide one time while deployed to Okinawa and other more recent thoughts of driving his motorcycle off of the highway. He reports an 18 month history of depression (depressed mood, poor concentration, anergia, disturbed sleep, suicidality) and anxiety, however, upon further interview and exploration the patient indicated that much of his symptoms are the result of his inability to adjust well to military life and cope adequately. The patient further describes a long standing history of mood lability, inappropriate anger outbursts, impulsive behavior, feeling of “emptiness,” fluctuating self-esteem, unstable interpersonal relationship, substance abuse, self mutilation, difficulties with authority and conforming to social norms.
 The member is unsuitable for military service due to a personality disorder. Expeditious administrative separation in accordance with NAVMILPERSMAN 1910-122, NAVMILPERSCOM Instruction 1910-10 and NAVOP 013187 is recommended. Although not presently considered suicidal/homicidal, the member is judged to represent a continuing risk to self and others should he be retained on active duty due to his longstanding Personality Disorder. The member is deemed psychologically fit to return to duty for immediate processing for administrative separation that should be initiated expeditiously.
         AXIS I: Adjustment Disorder with mixed anxiety and chronic depressed mood, chronic.
         AXIS II: Personality Disorder, NOS (Antisocial Borderline, and Schizotypal traits) as the primary diagnosis.
 AXIS III: No diagnosis.
AXIS IV: Routine, mild.
AXIS V (current): 41-50 Severe symptoms; SI, functional impairment.
AXIS VI (highest): 61-70 Some mild symptoms.

The patient is responsible for all actions and is currently deemed at low risk of harm to self and others.

040324:  Counseled for deficiencies in performance and conduct. [Lack of judgment absenting yourself from your appointed place of duty, lack of discipline in failing to obey company and battalion orders regarding guest in the barracks and battalion restrictions, and lack of judgment in intentionally inflicting harm upon yourself.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

040326:  Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder and by reason of fraudulent enlistment.

040329:  Counseled for deficiencies in performance and conduct. [On or about 040313 you violated Article 92, specifically company policy/order regarding visitors in the barracks, when you allowed your girlfriend to visit you in your BEQ room while on restrictions. Your knew the order stated LCpl’ s and below are to visit with their guest of the opposite sex in the barracks lounge, not in your assigned room. Your failure to obey and follow the rules and regulations is conduct inconsistent with the traditional good standards of good order and discipline. Your lack of discipline and judgment is conduct unacceptable and will not be tolerated.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

040329:  Counseled for deficiencies in performance and conduct. [On or about 040315 you violated Article 86, specifically UA from your appointed place of duty. Your failure to obey and follow the rules and regulations is conduct inconsistent with the traditional good standard of good order and discipline. Your lack of discipline and judgment is conduct unacceptable and will not be tolerated.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

040330:  Applicant advised of rights and having elected 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.
040330:  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 psychiatric evaluation and by reason of fraudulent enlistment. The factual basis for this recommendation was the diagnosis by Lieutenant J. N. W___, MSC, USNR, of an Axis I, Adjustment Disorder with mixed anxiety and chronic depressed mood and Axis II: Personality Disorder, NOS (Antisocial Borderline, and Schizotypal traits) with depressed mood, poor concentration, anergy, sleep disturbance and suicidal ideation. Prior to enlistment Private First Class G___ did not disclose this pre-service history of one prior suicide attempt as well as a longstanding history of physical and emotional abuse. In addition Private First Class G___ did not report his pre-service history or mental turmoil to include mood liability, inappropriate anger outburst, impulsive behavior, feelings of “emptiness,” fluctuating self-esteem, unstable interpersonal relationships, self-mutilation, difficulties with authorities and conforming to social norms.

040401:  NJP for violation of UCMJ, Article 86: On or about 040315 to 040317 (3days), PFC G___ was UA from his appointed place of duty; violation of UCMJ, Article 92: On or about 040313, PFC G___ failed to obey a company policy/order, violation 134: On or about 040315 to 040317, PFC G___ did break Battalion restriction; violation of UCMJ, Article 134: On or about 040317, PFC G___ did intentionally inflict injury upon himself.
 Awarded forfeiture of $312.00 pay per month for 1 month (suspended for 2 months), restriction and extra duties for 14 days (suspended for 2 months). Not appealed.
040405:  SJA review determined the case sufficient in law and fact.

040408:  Commander, Marine Corps Base Hawaii directed the Applicant's general (under honorable conditions) 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 20040408 with a general (under honorable conditions) 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 discharge was proper and equitable (D and E).

The Applicant introduced no decisional issues for consideration by the Board.

 When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. 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. The Applicant’s service was marred by four retention warnings and three nonjudicial punishment proceedings for violations of Articles 86, 92 and 134 of the UCMJ. The Applicant spent 10 days in unauthorized absence. 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. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. 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. 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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