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USMC | DRB | 2005_Marine | MD0501117
Original file (MD0501117.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD05-01117

Applicant’s Request
The application for discharge review was received on 20050622. The Applicant requests the Narrative Reason for Separation be changed to “USMC Trainee Discharge.” 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 20051221. 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 reason for discharge shall not change. The discharge shall remain Honorable 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 and from an attached document/letter to the Board:

“I request a change to the narrative reason for separation from “Personality Disorder” (JFX1) to “USMC Trainee Discharge” (JFG9). I enlisted in the Marine Corps Reserve in June 2001 and began training 11 June 2001. On 3 August 2001, I was transferred to the Medical Rehabilitation Platoon (MRP) due to what was originally diagnosed as “severe hip strain” but was later determined to be a stress fracture in my left femur.

 During my time in MRP I remained motivated and determined to complete my training. I completed my rehab and returned to training on 9 November. I was returned to MRP on 26 November due to a knee injury. By January 2002, my knee was not getting better and I began to lose my motivation. I was told that since I was not healing, that I would be administratively separated and I was moved to Recruit Separation Platoon (RSP). After approximately 2 months in RSP, I was told my paper work had been lost. Since they could not find any thing wrong with my knee, they were going to return me to training. For the 2 months I was in RSP, we did no physical training and I was no longer in shape. I told my Company Commander that I no longer felt that I was able to complete my training. It was at this point he looked at me and asked, “you have a problem getting along with people don’t you?” At the time, I felt like he was offering me a way out and so I took it by answering “yes sir”. That same day, 12 March 2002, I was sent to MHU and I was told that I had a “personality disorder” and my separation paperwork was restarted. I was led to believe that since I was getting an Honorable Discharge, the narrative reason was not a “big deal”. I was discharged 2 April 2002.

I returned home and started college, as had been my original plan when I enlisted in the reserves. I became interested in law enforcement and applied to the Pima County Sheriff’s Department of Corrections in September 2003. I made it all the way through the selection process, but in the end I was not offered a job. They did not give a specific reason, however, the staff psychologist that interviewed me indicated that the narrative reason was a big deal. She stated that it could prevent me from getting jobs in many fields to include my other choice, which is teaching high school history.

Because of this, I self referred myself for a psychological evaluation. The results (attached) indicate I do not have a personality disorder. In fact, the psychologist that reviewed the findings with me told me, that the only way a personality disorder can be diagnosed is through testing. I had two visits to MHU during my 9 months at MCRD and at no time was I given any tests.

I will always regret that I was not able to complete my training and become a Marine. After nine months in boot camp, my immaturity caused me to jump at the chance to leave and I did not fully think through the long-term implications. But because of this, it appears that I will be penalized for life. I do not have a personality disorder, but I do have a desire to serve, if not my country, then my community and unless I can get the narrative reason changed I don’t believe I will have that opportunity. Had I lost my motivation 3 or 4 months earlier, I could have received an administrative separation with no adverse comments. However, because I truly did want to become a Marine, I hung on as long as I could, trying to heal and for this, I feel I am being unjustly penalized. ”
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Psychological evaluation report, for evaluation conducted April 17, 2004 (6 pages)
Twenty-seven pages from Applicant’s service and medical records
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010324             Date of Discharge: 20020402

 Length of Service (years, months, days):

 Active: 00 09 22
          Inactive: 00 02 17

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

 Age at Entry: 18

 Years Contracted: 8

 Education Level: 12                                 AFQT: 87

 Highest Rank: PFC                                   MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                                    Conduct: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): None

*Not Available


 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

010611:  Applicant to active duty.

 010803:  Applicant to MRP for hip pain. Dropped on TD 34. [Extracted from medical record.]       

011025:  Completed ramp up. Failed PFT. [Extracted from medical record.] 

011109:  Passed PFT. Dropped to LIMA TW#7. [Extracted from medical record.]

011117:  Twisted and tripped left knee 5 mile hike. Continued to TD 41. Rifle qualed despite being on light duty. [Extracted from medical record.]       
011123:  Dropped to MRP. [Extracted from medical record.]        

020307:  Counseling: Advised of deficiencies in performance and conduct (Evaluation by medical personal, specifically knee pain secondary to stress changes), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020312:  Medical Evaluation:
         Primary Diagnosis: Personality disorder NOS with borderline and antisocial features.
 Recommendation: The Applicant manifests a long-standing disorder of character and behavior which is of such severity as to render this individual unsuitable for continued military service in the U.S. Marine Corps. He presently does not require hospitalization, and short-term psychiatric treatment for this conditions is of limited benefit, and long-term treatment is not available within the military. He is deemed fit for immediate processing for administrative separation, which should be handled expeditiously in compliance with MACROPERSMAN Chapter 6. Although he is not currently suicidal or homicidal he has engaged in violent behavior (punching and throwing objects) made recurrent threats of violence towards other recruits and has assaulted one recruit. He constitutes an ongoing risk to self and others if retained.
        

020312:  Counseling: Advised of deficiencies in performance and conduct (Diagnosis by an MHU psychologist as having a personality disorder NOS with borderline and antisocial features.), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.

020312:  Applicant notified of intended recommendation for a general (under honorable conditions) discharge with the least favorable characterization of service as general (under honorable conditions) by reason of personality disorder NOS with borderline and antisocial features. The factual basis for this recommendation was paragraph 6203.3c of the reference [MCO P1900.16] which states that if a Marine is diagnosed by psychologist as having a personality disorder, and is a immediate threat to himself or others, the Marine shall be processed for separation.

020312:  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.

020318:  Commanding Officer, Support Battalion, Recruit Training Regiment, Marine Corps Depot/Western Recruiting Region recommended the Applicant’s general (under honorable conditions) discharge by reason of personality disorder to Commanding General, MCRD/WRR, via Commanding Officer, Recruit Training Regiment. Commanding Officer’s comments: “Private H_ (Applicant) began recruit training with Platoon 2007 on 11 June 2001 but never graduated. On 3 August, T-34, he transferred to Medical Rehabilitation Platoon to recover from a severe hip strain. He returned to training on 9 November. On 26 November he returned to MRP due to knee pain. Despite extensive medical screening, no specific cause of the knee pain could be identified.
 On repeated occasions, medical personnel cleared Private H_ (Applicant) to return to training, but he could not overcome the pain. On 5 Feb 2002, Ms R_, Physician Assistant at the Branch Medical Center recommended separation for unresolving knee pain, noting a prior stress fracture had completely healed. Given an additional month to heal, Private H_ (Applicant’s) morale and motivation H_ (Applicant)’s morale and motivation declined severely and he made several violent threats toward other recruits. Sent to MHU on 12 March, LCDR M_ diagnosed Personality Disorder NOS with Borderline and Antisocial Features. Although Private H_ (Applicant) is not suicidal, he does constitute an ongoing risk of harming himself or others if retained. I concur with the mental health assessment; Private H_ should be expeditiously separated.”
020319:  Commanding Officer, Recruit Training Regiment forwarded the recommendation for separation, concurring with the recommendation.

020325:  SJA review determined the case sufficient in law and fact and recommended the Applicant’s honorable discharge.

020328:  GCMCA, Commanding General, MCRD/WRR San Diego, CA directed the Applicant's honorable discharge by reason of convenience of the government due to personality disorder.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020402 by reason of convenience of the government due to a personality disorder (A) with a service characterization of honorable. 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 (B and C).

The Applicant requests that his narrative reason for separation should be changed to “USMC Training Discharge.” On 20020312, the Applicant was diagnosed with “Personality Disorder NOS with borderline and antisocial features” and was recommended for expeditious administrative separation by competent medical authority. The Applicant was deemed a risk to self and others if retained. To support the Applicant’s request, he submitted a post-service psychological evaluation. Upon review of the Applicant’s post-service evaluation, the Board noted, under “Profile Validity,” that the Applicant responded defensively and “attempted to minimize his problems and to overlook personal faults” during his evaluation. Therefore, the psychologist concludes, the resulting MMPI-2 clinical and content scale profiles “may be an underestimate of [the Applicant’s] present symptoms and psychological adjustment.” The Board found that the Applicant’s post-service evaluation did not show the Applicant did not have a personality disorder at the time of discharge. The Board determined that the Applicant’s discharge was proper and equitable at the time of issuance. Relief denied.

The Applicant states, “Had I lost my motivation 3 or 4 months earlier, I could have received an administrative separation with no adverse comments.” The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, will change the reason for discharge if such a change is warranted. As the Board indicated in response to the Applicant’s post-service psychological evaluation, the Applicant’s narrative reason was determined to be proper and equitable at the time of issuance. Further, the Applicant’s assertion that his separation contains “adverse comments” is without merit. The Applicant’s narrative reason for separation, “Personality Disorder,” is an accurate narrative description of the reason for the Applicant’s discharge and is considered neither punitive nor adverse but a statement of fact. Relief denied.

The Applicant contends that he was to be administratively separated for a knee injury and implies that his narrative reason for separation should therefore be changed. The evidence of record shows that a physician’s assistant at the Branch Medical Clinic recommended the Applicant’s separation for unresolving knee pain. However, the Applicant’s chain of command elected to retain the Applicant to give him further time to heal. The Commanding Officer, Support Battalion, Recruit Training Regiment stated, “Given an additional month to heal, Private H_ (Applicant’) morale and motivation... declined severely and he made several violent threats toward other recruits.” Subsequent to the physician’s assistant’s recommendation, the Applicant was diagnosed with a personality disorder and processed for administrative separation. The Board found the Applicant’s issue without merit. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Relief denied.

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 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), CONVENIENCE OF THE GOVERNMENT , effective 02 Sep 01 until Present.

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 .


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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