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USMC | DRB | 2005_Marine | MD0500733
Original file (MD0500733.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD05-00733

Applicant’s Request
The application for discharge review was received on 20050322. 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. “I was discharged based upon a Personality Disorder; however, I suffered only from an Anxiety Disorder. My entire enlistment was served without any Judicial Punishment or for that matter any derogatory service. I suffered from a medical condition and was discharged due to a medical condition. I performed all my service honorably and should have received a completely honorable discharge. I have included a letter from my doctor that explains my condition. Additionally, I have written a letter that further explains my duty and situation while serving in the United States Marine Corp. My reason for desiring an upgrade to my discharge is due to the fact that the Department of Veteran Affairs has denied me any entitlement to my Montgomery GI Bill Educational Benefits. I feel my discharge was due to my anxiety disorder (a confirmed medical condition) rather than a Personality Disorder.

I still suffer from my Anxiety Condition, but with medication, I have been able to live with this medical condition and function normally in my work and society. In the letter from Dr. P_, dated June 14, 2004, he specifically states under Current Diagnosis Axis I: Panic Disorder without Agoraphobia and in Axis II: he clearly “No personality Disorder”

I thank you for your consideration in this matter and hope my request to upgrade my discharge will be granted. Should you require any further information, please feel free to contact me at anytime.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s statement, undated and unsigned
Applicant’s DD Form 214
Psychiatric evaluation from R_ P_, M.D., dated June 14, 2004 (2 pages)
Character reference from B_ T_ (undated)
Character reference from J_ M_, dated May 20, 2004
Character reference from R_ K_, dated May 24, 2004
Character reference from M_R_, dated May 20, 2004
Character reference from L_E. B_ (undated)
Character reference from C_ J. P_, dated May 13, 2005
Character reference from G_ T. J_, dated May 31, 2005
Character reference from J_ R. S_, dated May 25, 2005
Character reference from J_ N. S_, dated May 27, 2004
Character reference from S_ F. W_, dated May 27, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000626 - 010107  COG

 Period of Service Under Review :
Date of Enlistment: 010108               Date of Discharge: 030303

 Length of Service (years, months, days):

         Active: 02 01 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 52

 Highest Rank: LCpl                MOS: 0621

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (5)                       Conduct: 4.3 (5)

 Military Decorations: None

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

 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 :

011031:  Counseled for deficiencies in performance and conduct, specifically: lack of judgment and maturity on 011006 when found passed out in the barracks after ingesting too much prescription medication and again on 011007 for a repeat incident. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

011115:  Applicant informed eligible but not recommended for promotion to LCpl for the month of December 2001 because of lack of maturity.

021211:  Counseled for deficiencies in performance and conduct, specifically: absent from appointed place of duty from 0715 to 0815 on 021126; Applicant reported to her appointed place of duty at 0815 and was then disrespectful to an NCO counseling her for her absence. Applicant then left the area without checking out. Necessary corrective actions explained and source of assistance provided.

030128:  Applicant informed eligible but not recommended for promotion to Cpl for the month of February 2003 because of lack of maturity.

030211:  Medical Officer Evaluation: Applicant referred to clinical psychologist, Naval Hospital, Cherry Point, NC by her command for evaluation of suicidal ideation and loss of emotional control. Psychologist comments: "The service member was initially seen in the Psychology clinic by Lieutenant P_ for reported symptoms which appeared at the time to constitute Panic Disorder without Agoraphobia, for which she was treated with both psychotherapy and medication. She failed to respond to either intervention....In light of further information, it now appears that her anxiety symptoms are not due to a Panic Disorder, but instead are reactions to the normal demands of her workplace because of a severe personality disorder....The service member is at imminent risk of danger to herself if retained."

 030214:  Applicant notified of intended recommendation for discharge with a characterization of general (under honorable conditions) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation.

030214:  Applicant advised of rights and having elected not to consult 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.

030214:  Commanding Officer, Marine Wing Communications Squadron 28, Cherry Point, NC recommended discharge with a characterization of general (under honorable conditions) due to a diagnosed personality disorder. The factual basis for this recommendation was the Applicant's diagnosed personality disorder coupled with her demonstrated inability to function effectively in the military environment as evidenced by the letter dated 030211 from the Clinical Psychologist, Naval Hospital, Cherry Point, NC.


030219:  Commanding Officer, Marine Wing Communications Squadron 28, Cherry Point, NC submits a recommendation for expeditious administrative discharge to the GCMCA. Commanding Officer's comments: "The forcible restraint of this Marine and subsequent hospitalization punctuate the deterioration of this Marine's ability to cope with a normal work place environment and conduct herself as a United States Marine....This Marine's chronic adjustment and behavioral problems have been a detriment to good order and discipline in the past, and have significantly escalated in recent weeks. She has no desire, interest or capacity for continued service as a United States Marine."

030228:  SJA review determined the case sufficient in law and fact.

030228:  GCMCA (Commanding General, 2d Marine Aircraft Wing) informs the Commandant of the Marine Corps (MMSB) that he has directed the Applicant's discharge with a characterization of general (under honorable conditions) 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 20030303 with a characterization of 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 contends that her discharge was improper as she was separated for a personality disorder but suffers only from an anxiety disorder. The Applicant was diagnosed with "Borderline Personality Disorder" along with "Adjustment Disorder with Mixed Disturbance of Emotions and Conduct, Chronic" on 20030211 by competent medical authority at the Psychology Department, Naval Hospital, Cherry Point, NC and was recommended for expeditious administrative separation from the Marine Corps. Thus, the Board finds that the narrative reason of "Personality Disorder" reflects the Applicant's mental health status at the time of her discharge and is an accurate description of the reason for her separation. The contention that the personality disorder never existed or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance. After a complete review of the entire record, including the evidence and statements submitted by the Applicant, the Board found that her characterization of discharge was appropriate and that her evidence of a post-service diagnosis of Panic Disorder without agoraphobia was found to not mitigate the conduct for which she was discharged. Relief on this basis is denied.

The Applicant further contends that she served her enlistment with no non-judicial punishment (NJP) proceedings or any other derogatory incidents and that this warrants an honorable characterization. When the service of a Marine has been honest and faithful, it is appropriate to characterize that service as honorable. A discharge with a characterization of general (under honorable conditions) is warranted when there are significant negative aspects of a member's conduct or performance shown in the member's military record. The Applicant’s service record documents show the following:
o        two Page 11 counseling entries on 20 011031 and 20021211 for lack of judgment and maturity, unauthorized absence, disrespect toward an NCO, and twice ingesting too much prescription medication;
o        a retention warning on 20011031 for continued deficiencies in performance and conduct;
o        two non-recommendations for promotion on 20 011115 and 20030128 due to lack of maturity; and



o        increased agitation and combativeness, an inability to control her emotions or her anger in the workplace, forcible restraint, her detrimental effects on good order and discipline of her unit, and her lack of desire, interest, or capacity for continued service, as documented by her chain-of-command in her administrative discharge package.
The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief on this basis is denied.

The Applicant states that she desires an upgrade to her characterization of service in order to obtain educational benefits from the Veterans Administration (VA). The Applicant is advised that the VA determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employ-ment records, documentation of community service, and certification of non-involvement with civil authorities. The Board recognizes the civilian p sychiatric evaluation and the ten character references submitted by the Applicant but, at this time, sufficient documentation has not been provided for the Board to consider relief on this basis.

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. The Applicant can provide additional documentation to support any claims of post-service accomplishments or any other evidence related to her discharge at that time. 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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