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USMC | DRB | 2005_Marine | MD0501066
Original file (MD0501066.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD05-01066

Applicant’s Request
The application for discharge review was received on 20050606. 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 20060112. 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) 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:

“Asking for upgrade of discharge. Also, in need of Montgomery GI Bill and Vocational Rehab.
[signed]
E_ J_ V_
(Social Security number deleted)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Medical Board Report, dtd March 28, 2003 (4 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20000203 - 20000409      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20000410             Date of Discharge: 20030327

 Length of Service (years, months, days):
Active: 02 06 21 (Excludes lost time)
          Inactive: None

 Time Lost During This Period (days)*:
         Unauthorized absence: 85 days
         Confinement:              19 days

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 11 GED                    AFQT: 42/39

 Highest Rank: LCpl                                  MOS: 0811

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.4 (8)                                Conduct: 2.8 (9)

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

*The Applicant’s DD214 also showed lost time from 020308-020420. The type of lost time could not be determined.


 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 :

000205:  Pre-service waiver granted.

010320:  Counseling: Advised of deficiencies in performance and conduct (On or about 010320, SNM reports loss of ID card for the second time.), necessary corrective actions explained, sources of assistance provided.

010828:  Applicant on unauthorized absence 1300-1600.

010829:  Applicant on unauthorized absence 1000-1700.

010904:  Applicant to unauthorized absence at 0701.

011129:  Applicant from unauthorized absence.

011129:  Applicant to confinement.

011207:  Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 86 (3 specs):
Specification 1: In that Lance Corporal E_ J. V_(Applicant), U.S. Marine Corps, 3d Battalion, 10 th Marine Regiment, 2d Marine Division, Camp Lejeune, North Carolina, did, on or about 1300, 28 August 2001, without authority, absent himself from his unit, to wit: 3d Battalion, 10 th Marine Regiment, 2d Marine Division, located at Camp Lejeune, North Carolina, and did remain so absent until on or about 1630, 28 August 2001.
          Specification 2: In that Lance Corporal E_ J. V_(Applicant), U.S. Marine Corps, 3d Battalion, 10 th Marine Regiment, 2d Marine Division, Camp Lejeune, North Carolina, on or about 1000, 29 August 2001, without authority, absent himself from his unit, to wit: 3d Battalion, 10 th Marine Regiment, 2d Marine Division, located at Camp Lejeune, North Carolina, a did remain so absent until on or about 1700, 29 August 2001.
         Specification 3: In that Lance Corporal E_ J. V_(Applicant), U.S. Marine Corps, 3d Battalion, 10 th Marine Regiment, 2d Marine Division, Camp Lejeune, North Carolina, on or about 4 September 2001, without authority, absent himself from his unit, to wit: 3d Battalion, 10 th Marine Regiment, 2d Marine Division, located at Camp Lejeune, North Carolina, and did remain so absent until he was apprehended on or about 29 November 2001.

011217:  Applicant from confinement.

02xxxx:  Applicant failed substance abuse treatment. [Extracted from Applicant’s supporting document dated 030328.]

020107:  Summary Court-Martial.
         Charge: violation of the UCMJ, Article 86 (3 specs): No further information found in service record. [Extracted from Commanding Officer’s recommendation dated December 13, 2002]

020117:  Applicant had a period of unauthorized absence for some period this date.

020122:  Applicant on unauthorized absence from 0731-1000.

020328:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (2 specs): Absence without leave.
Specification 1: In that SNM, did on or about 17 January 2002, absent himself from 3 rd Bn, 10 th Marines Motor Pool, his appointed place of duty and remained absent until 1100 on 17 January 2002.
Specification 2: In that SNM, did on or about 0731 on 22 January 2002, absent himself from 3 rd Bn, 10 th Marines for formation, to wit: his appointed place of duty and remained absent until l000 on 22 January 2002, failed to do so.
         Charge II: violation of the UCMJ, Article 134 (3 specs) Breaking Restriction.
         Specification. 1: In that SNM, did on or about 17 January 2002, having been restricted to the limits of 3 rd Bn, 10 th Marines, by a person authorized to do so, broke said restriction by consuming alcohol.
Specification 2: In that SNM, did on or about 0701 on 22 January 2002, having been restricted to the limits of 3 rd Bn, 10th Marines, by a person authorized to do so, broke said restriction by not signing in at 0700 sign- on 22 January 2002.
Specification 3: In that SNM, did on or about 1800 to 2145 on 30 January 2002, having been restricted to the limits of 3 rd Bn, 10 th Marines, by a person authorized to do so, broke restriction by not signing in during the prescribed check- in times of 1800 to 2145 on 30 January 2002.
Finding: to Charges and the specifications thereunder, guilty.
          Sentence: Forfeiture of 2/3 pay for 1 month, confinement with hard labor for 30 days, hard labor without confinement for 45 days, restriction for 60 days.
         CA action. Not found in service record.

020612:  NJP for violation of UCMJ, Article 107: In that Pvt V_(Applicant) did, on or about 20 May 02, with intent to deceive, make an official statement, to wit: The place he was assaulted was at the Party Zone in Jacksonville. Which statement was totally false in that the assault occurred at Berkley Manor, and was then known by the SNM to be so false.
         Award: Forfeiture of $298 per month for 1 month, restriction and extra duty for 14 days. Not appealed.

020906:  Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of October because of summary court martial. Applicant chose not to make a statement.

021003:  Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of November because of lack of judgment.

021107:  Medical evaluation by the Division Psychiatrist concluded that the Applicant’s personality disorder, not otherwise specified, with borderline features was so severe that his ability to function effectively in the military environment was significantly impaired. The Applicant was deemed to pose a continuing risk to harm himself or others.

 021203:  Non-medical assessment, Commanding Officer’s comments: Pvt V_(Applicant) was sent to Division Psychiatry after we witnessed him talking to himself and after purposely tried to do bodily harm to himself in an attempt to prevent himself from having to participate in a field training exercise. Pvt V_(Applicant) actions were prejudicial to good order and discipline and he was believed to be a danger to himself.

021206:  Counseling: Advised of deficiencies in performance and conduct (On 020107 found guilty at a summary court martial for three counts of violating article 86. On 020327 found guilty at a summary court martial for two counts of violating article 86 and three counts of violating article 134. On 020612 found guilty at NJP for violating of article 107. On 021118 pleaded guilty to the Onslow County Magistrate for underage drinking and resisting arrest. Fined and maintained in the hands of civil authorities until 021202.), necessary corrective actions explained, sources of assistance provided and retention warning given. Applicant choose not to make a rebuttal.

021209:  Applicant notified of intended recommendation for general (under honorable conditions) discharge by reason of a personality disorder. The least favorable characterization of service possible is general (under honorable conditions).
021209:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

021213:  Commanding Officer, 3d Battalion, 10 th Marines, Applicant’s with a general (under honorable conditions) discharge by reason of personality disorder. The factual basis for this recommendation was based specifically on the characterization of his service as documented in his service record book, character statements, and Division Psychiatrist’s evaluation. Commanding Officer’s comments: “... I recommend an expeditious administrative discharge of this Marine with a general under honorable characterization of service. Private V_(Applicant) has failed to adhere to the Marine Corps’s core values of honor, courage, and commitment. His poor judgment and blatant disregard for the UCMJ provides sufficient evidence. In addition, the Division Psychiatrist’s evaluation proves him unsuitable for further military service.”

030117:  NJP for violation of UCMJ, Article 108: In that SNM, did at Camp Lejeune, NC on 20030115, without proper authority, through neglect lose military issued gear of a value of about $779.37, military property of the United States.
         Award: Forfeiture of $268 for 7 days, restriction and extra duty for 14 days. Not appealed.

030208:  Applicant admitted to unit 4A at Naval Hospital Camp Lejeune.

030310:  NJP for violation of UCMJ, Article 117: In that SNM, did, in restriction room located in building HP550 on board Camp Lejeune, NC on 030304 at about 0530, wrongfully use provoking speech by saying “Goodmorning Nigger!” while corporal C_ tried to sound reveille.
 Violation of UCMJ Article 134: In that SNM, was at building HP 550 on 030304 at about 0530 conduct towards corporal C_ was of a nature to bring discredit upon the armed forces.
          Award: Forfeiture of $575 per month for 2 months, restriction and extra duty for 45 days. Restriction and extra duty for 30 days suspended for 3 months.

030321:  SJA review determined the case sufficient in law and fact.

030325:  GCMCA, Commanding General, 2d Marine Division, II Marine Expeditionary Force, directed the Applicant's general (under honorable conditions) discharge by reason of convenience of the government due to a personality disorder.

030328:  Medical Board Report:
         Findings and Diagnosis: After an adequate period of observation, evaluation and treatment, a conference of staff psychiatrists and psychologists reviewed the available medical records and current findings and agreed that the service member suffers from a condition that precludes his rendering any further useful military service. In addition, it was agreed that the service members suffers from:
         AXIS I: DSM IV 295.40, Schizophreniform Disorder, DNEPTE: manifested by a distinct period of disorganized speech and behavior, delusions, confabulation, irritable mood and inflated grandiosity;
         precipitating stress – routine military service;
         predisposition – Severe-biological brother diagnosed with Schizophrenia and is currently being treated by Rispridone;
         impairment for military service and industrial adaptability is complete.
         AXIS II: DSM IV 301.9, Personality Disorder, EPTE; manifested by impulsivity, poor planning, poor decision-making; manipulation, deceitfulness, grandiosity, affective instability, and self-destructive behavior;
         AXIS III: None.
         AXIS IV: Psychosocial Stress; high stress work environment
         AXIS V: GAF = 45 (current); Highest GAF in past year equal to 80

         Recommendations: Following a review of the clinical findings, the medical board is of the opinion that the service member is unfit for further military service as a result of a psychiatric disability that did not exist prior to entry into the service. The medical board recommends that the service member’s case be referred to the physical evaluation board... [Extracted from Applicant’s supporting documents. The Medical Board report also indicates the Applicant was found to have driven under the influence of alcohol during his enlistment.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030327 by reason of convenience of the government due to a personality disorder (A and B) with a service characterization of general (under honorable conditions). 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 (C and D).

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. An under other than honorable conditions or 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 summary courts-martial and three nonjudicial punishment proceedings for violations of Articles 86, 107, 108, 117 and 134 of the UCMJ. The Applicant’s violations of Articles 86, 107 and 108 of the UCMJ are considered serious offenses. The Applicant also failed substance abuse treatment and was found to have driven under the influence of alcohol. 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 U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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. Regarding the Applicant’s request for relief based on his need of the MGIB and “vocational rehab,” the Veterans Administration 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. Relief is not warranted.

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. Under the UCMJ, adjudgment of a punitive discharge for conviction by a special or general court-martial for violation of Article 86, unauthorized absence for more than 30 days, Article 107, false official statement or Article 108, losing government property of a value of more then $500.00 is authorized.

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

D. 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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