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USMC | DRB | 2005_Marine | MD0500754
Original file (MD0500754.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD05-00754

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 from the Marine Corps as a result of a diagnosis of Personality Disorder. This diagnosis appears in the narrative box of my DD214. This diagnosis is viewable by all who are required to access my DD214 despite those individuals lack of need to view my “Medical” History. This display of my medical diagnosis continues to impede my attempts to overcome this disorder and advance myself within a career field. I have dedicated several years of my life to my education since being discharged from my short service to the United States and how now earned my degree in Emergency Medical Services. I am now a Nationally Registered and State of Florida Certified Paramedic. Potential employers who require my DD214 as part of my Personnel File are thus being granted access to my “Medical Diagnosis.” I do not feel it is appropriate for my diagnosis to be listed on my DD214 and request that a more generic term, such as “Medical” be listed in its place. For those beyond this circumstance who do require information specific to my medical history; this information is available and could then be acquired through a more appropriate method.

I thank you all for your attention and understanding with this matter.”


 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicant’s DD Form 215
Degree of Associate in Science, dated December 17, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970730 - 970804  COG

 Period of Service Under Review :
Date of Enlistment: 970805               Date of Discharge: 980331

 Length of Service (years, months, days):

         Active: 00 07 27 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 67

 Highest Rank: PVT                          MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.1 (2)                       Conduct: 3.1 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: REB

 Days of Unauthorized Absence: 25

 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 :

971130:  Applicant to unauthorized absence at 1800 on 971130.

971202:  Applicant from unauthorized absence at 2145 on 971202 (2 days/
         surrendered).


 971210:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 1800 on 971130 to 2145 on 971202. Awarded forfeiture of $210.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture, restriction, and extra duty suspended for 6 months. Not appealed.
971215:  Applicant to unauthorized absence at 0700 on 971215.

 971216:  Vacate suspended forfeiture, restriction, and extra duty awarded at Commanding Officer’s NJP dated 971210.
980107:  Applicant from unauthorized absence at 1300 on 980107 (23 days/
         surrendered).
980116:  Medical Officer Evaluation: Commanding Officer, Naval Hospital, Camp Lejeune, NC states Applicant was evaluated at the Mental Health Clinic and diagnosed with a severe personality disorder. Commanding Officer comments: "The member is not mentally ill and is responsible for his behavior. However, this member does manifest a long-standing disorder of character and behavior which is of such severity as to interfere with his ability to function effectively in the military environment....Although not imminently suicidal or homicidal, the member poses a continuing risk to do harm to self or others..."

 980130:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0700 on 971215 to 1300 on 980107. Awarded forfeiture of $216.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
980202:  Counseled for deficiencies in performance and conduct: Applicant's recent NJP held on 980130 for violation of Article 86 Unauthorized absence. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980212:  Applicant notified of intended recommendation for discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation. Applicant advised that the least favorable characterization of service he may receive is general (under honorable conditions).

980212:  Applicant advised of rights and having elected not to consult with qualified 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.

980212:  Commanding officer recommended discharge with a characterization of general (under honorable conditions) for the convenience of the government based upon a diagnosed personality disorder as evidenced by psychological evaluation. The factual basis for this recommendation was the Applicant's personality disorder, which is so severe that the ability to function effectively in the military environment is significantly impaired.

980323:  GCMCA (Commanding General, Marine Corps Base, Camp Lejeune, NC) 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 19980331 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 contends that it is improper for his medical diagnosis to be listed on his DD Form 214 for potential employers to see and requests that a more generic term, such as "medical" be used instead. The Applicant is advised that there is no such specific narrative reason of "Medical" nor is there any narrative reason that more appropriately describes the reason for his discharge from service in the Marine Corps. Separation due to personality disorder may be directed when:
o        a diagnosis by a psychiatrist or psychologist concludes that the disorder is so severe that the Marine's ability to function effectively in the military environment is significantly impaired; and
o        there is non-medical evidence showing specific examples of how the Marine is unable to function in the Marine Corps; and
o        the Marine has been counseled in accordance with Marine Corps policy unless a qualified medical officer has concluded that the Marine is self-destructive or dangerous to self or others.
 In the Applicant's case, he warranted separation due to a personality disorder as his service record clearly documents the following:
o        competent medical authority diagnosed him with a severe personality disorder on 19 980116;
o        he showed his inability to function in the Marine Corps through:
o        conviction at a non-judicial punishment (NJP) proceeding on 19 971210 for violation of UCMJ Article 86 Unauthorized absence for 2 days,
o        conviction at an NJP proceeding on 19980130 for violation of UCMJ Article 86 Unauthorized absence for 23 days, and
o        vacating of the suspended portion of the sentence adjudged at the NJP of 19971210 for continued misconduct;
o        he was found by competent medical authority to pose a continuing risk to do harm to self or others and, therefore, did not require a disciplinary/discharge warning prior to processing for administrative separation.
The separation authority correctly determined that personality disorder most clearly describes why the Applicant was discharged. To change the narrative reason for separation would be inappropriate.


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 the Marine Corps. 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 employment records, documentation of community service, and certification of non-involvement with civil authorities. The Board recognizes the A ssociate in Science Degree certificate 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 his 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 P1900.16E), effective 18 Aug 95 until 31 August 2001.

 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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