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USMC | DRB | 2005_Marine | MD0500729
Original file (MD0500729.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD05-00729

Applicant’s Request
The application for discharge review was received on 20050321. 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 20050713. 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. “In 2003 I made a big mistake. I convinced certain members of my former unit, 1 st Bn 6 th Marines, as well as the 2 nd Marine Division Psychiatrist that I was an unstable person. Doing this led to April 17, 2003. This is the day I that I fell like I made the biggest mistake of my life, and I signed my separation papers from the Marine Corps. A separation that was two years premature.

Now everyday since April 17, 2003 I have had nothing but agony and remorse for the choice I made. A choice I made as an immature child. It has been about two years since my separation and I have had a lot of time to think about my mistake. And now I want to correct my mistake.

I have spoken with recruiters and they have all said that I need to have my discharge and/or reentry code upgraded before I can reenlist. As I said before, two years ago I made a mistake and I lost sight of what I wanted. I can confidently say that it will not happen again. I have grown up a lot in the last two years and I know what I want. I want to be proud to say that I served my full term in the Marine Corps and that I got to go overseas to do my job as an infantryman.

I was a good Marine. I always followed orders and I always volunteered. During afternoon chow while my fellow Marines were sleeping, playing video games, or watching T.V. I was reading all the knowledge I needed to know to become a sniper because I was in a sniper platoon. I stayed motivated and dedicated almost the entire time I was enlisted in the Marine Corps. All the way up until I lost sight of what I wanted, but my vision has cleared and I won’t make the same mistake twice.

So I ask of you, please, upgrade my discharge or at least my reentry code and give me another chance to serve in the Marine Corps and correct the mistake I made nearly two years ago. Ooh-Rah and Semper Fi!

Yours truly,
[signed]
S_ A. H_ (Applicant)”







 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4 and 1)
Certificate of commendation, dated November 29, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000209 - 010507  COG

 Period of Service Under Review :
Date of Enlistment: 010508               Date of Discharge: 030417

 Length of Service (years, months, days):

         Active: 01 11 13        
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rank: LCpl                         MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, Rifle Expert Badge

 Days of Unauthorized Absence: 27

*No marks found in service record.

 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 :

030207:  NJP for violation of UCMJ, Article 107:
 Specification: Make a false official statement to 1 st Sgt J_ on 030131, to wit: “I was drunk.”
Violation of UCMJ, Article 121:
Specification: Stole a bottomless coffee mug, value of $5.99, the property of the 7 Day Shop MCX, on 030131.
Awarded forfeiture of $316.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
030210:  Applicant to unauthorized absence 0700.

 030309:  Applicant from unauthorized absence 2300(27 days/surrendered).
030311:  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. Although not imminently suicidal or homicidal, the member nonetheless poses an immediate danger to himself and would negatively impact unit effeictiveness and moral if retained in the military.
         Diagnosis: Personality disorder, not otherwise specified, with immature and borderline features.

 030314:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 0700, 030210 to 2300, 030309.
Awarded forfeiture of $316.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
030318:  Counseled for deficiencies in performance and conduct. [Your personality disorder which is so severe that it adversely affects your ability to function effectively in a military environment and your unsatisfactory performance and conduct which is evidenced by your lack of reasonable effort and your failure to adapt to the Marine Corps environment.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
030318:  Applicant notified of intended recommendation for discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder. The least favorable characterization of service, which you may receive, is general under honorable conditions.

030318:  Applicant advised of rights and having elected not to consult consulted with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

030318:  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. The factual basis for this recommendation was your diagnosis from the Division Psychiatrist letter dated 030311.

030408:  SJA review determined the case sufficient in law and fact.

030410:  Commanding General, 2d Marine Division, II 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 20030417 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 documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20030311. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

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 two nonjudicial punishment proceedings for violations of Articles 86, 107 and 121 of the UCMJ. The Applicant spent 27 days in unauthorized absence. 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 is not warranted.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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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