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USMC | DRB | 2005_Marine | MD0500883
Original file (MD0500883.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-Pvt, USMC
Docket No. MD05-00883

Applicant’s Request
The application for discharge review was received on 20050421. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060403. After a thorough review of the available 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) by reason of convenience of the government due to a personality disorder.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Request my reentry code be upgraded to allow me to enter the military.
I was originally discharged because of a knee injury, which has since healed.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Job/Character Reference ltr from P_ A. J_, Mr Tux Leominster, dtd July 14, 2005
Job/Character Reference ltr from C_ I_, Regional Manager, Mr. Tux/Squire Tux, dtd July 12, 2005 (unsigned)
Character reference ltr frm D_ S_, undtd
Letter from City of Leominster, Department of Veterans Affairs, dtd June 9, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19970530 - 19980324      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19980325             Date of Discharge: 19990219

 Length of Service (years, months, days):
Active: 00 10 15 (excludes lost time)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 10 days
         Confinement:              None

 Age at Entry: 17

 Years Contracted: 4

 Education Level: 12                                 AFQT: 62

 Highest Rank: PFC                                   MOS: 2531

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (2)                                Conduct: 4.3 (2)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): 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 :

981017:  Applicant to unauthorized absence at 0631 on 981017.

981027:  Applicant from unauthorized absence at 2100 on 981026.

981028:  Medical evaluation at Mental Health Department, Naval Hospital, Twenty-nine Palms, CA by R. N_ P_ CAPT, MC, USNR, 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 currently considered suicidal or homicidal, this member is judged to represent a high risk to self or others if retained on active duty, especially in view of his history of suicidal and homicidal ideation.
         AXIS I: Adjustment Disorder with Anxiety and Depressed Mood.
         AXIS II: Dependant Personality Disorder - severe.
981030:  R. N_ P_ CAPT, MC, USNR Mental Health Department, Naval Hospital, Twenty-nine Palms, CA, requested PFC K_ [Applicant] be provided a “shadow.”

981030:  Follow up with R. N_ P_, CAPT, MC, USNR: “... shadow over the weekend is not an absolute requirement for SNM’s safety... K_ [Applicant] is not a risk to himself or others at this point... continuing to recommend that he be administratively separated ASAP.”

981110:  NJP for violation of UCMJ, Article 86: In that PFC K_(Applicant) was at 3d Bn, 4 th Mar, from 0631 on 981017 to 2100 on 981027 UA.
         Award: Forfeiture of $242 per month for 1 month, restriction and extra duty for 14 days. Not appealed.

981118:  Abbreviated Limited Duty Medical Board Report: Diagnosis: (1) Adjustment disorder. (2) Dependent personality. Treatment Plan: Continue psychiatric follow up. Limited duty for 6 months.

981124:  J. H_, Ph D, Psychologist, follow up: Assessment: AXIS I: Adjustment disorder with anxiety and depressed mood. AXIS II: Dependent personality disorder. Plan: (1) Administrative separation. (2) Pt fit for duty while awaiting separation. (3) Pt no longer needs shadow and contracts for safety. He is not suicidal/homicidal and agrees to seek medical attention if becomes so.

990104:  Counseling: Advised of deficiencies in performance and conduct (Personality disorder, unsuitability for continued military service.), necessary corrective actions explained, sources of assistance provided, and advised recommended for administrative separation action. Applicant choose not to make a rebuttal.

990104:  Unreadable document in microfiche. Appears to be Applicant notification of recommendation for discharge.

990104:  Unreadable document in microfiche. Appears to be Applicant waiver of rights.

990104:  Unreadable document in microfiche. Appears to be Commanding Officer’s recommendation for administrative separation.

990126:  NJP for violation of UCMJ, Article 92: Did at 3d Bn, 4 th Mar, on or about 2330 on 990125 violated BnO 11103.2, by having a visitor in his room past the prescribed hours.
         Award: Forfeiture of $479 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Forfeiture suspended for 6 months. Not appealed.

990205:  GCMCA, Commanding General, 1 st Marine Division (Rein) directed the Applicant's general (under honorable conditions) discharge by reason of personality disorder.

Service Record Book contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990219 by reason of convenience of the government due to a personality disorder (A) with a service characterization of general (under honorable conditions). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 When a Marine’s service 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 two nonjudicial punishment proceedings for violations of Articles 86 and 92 of the UCMJ. 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.

The Applicant contends that his discharge should be upgraded because he was discharged because of “a knee injury, which has since healed.” The Applicant was diagnosed with Dependent Personality Disorder and deemed a high risk to self or others by competent medical authority at the Mental Health Department, Naval Hospital, Twenty-nine Palms, CA. The Applicant was discharged due to Personality Disorder. The Applicant was not discharged due to a “knee injury.” Therefore, the Board found the Applicant’s discharge proper and equitable. Relief denied.

The Applicant requests that his “reentry code” be upgraded so that he may reenlist. 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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 P1900.16E), effective 18 Aug 95 until 31 August 2001.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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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