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USMC | DRB | 2005_Marine | MD0501126
Original file (MD0501126.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD05-01126

Applicant’s Request
The application for discharge review was received on 20050622. 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 20051216. 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 and/or from an attached document/letter to the Board:

“To Review Board

I hope you would take into consideration that unfortunately seeing what I was exposed to in combat. The training state-side could not prepare me for what I seen or what I had to do. After securing Baghdad, along with other units. I come back to the states and found myself lost, confused, hurt and unsure about many things. Finding myself depressed I was sent to several head doctors and still I seen no reprieve insight. Unable to shake this garment of grievance I confided in my 1 st Sergeant and told him things that troubled me and stood in my way of being the Marine I once was if not better. So after 6 months of Prozac they decided to discharge me. I am trying to put that behind me and move on, I am currently enrolled in NASCAR Technical Institute setting my career goals in the automotive field. I didn’t ask for this or this situation, so I ask those present with the power to change my status to Honorable to please do so. So I can move on an once more be a productive citizen so society. Thank you for reviewing my application.”
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Official transcript from NASCAR Technical Institute, dtd June 10, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20010202 - 20011209      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20011210             Date of Discharge: 20040409

 Length of Service (years, months, days):

 Active: 02 04 00
          Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 44

 Highest Rank: LCpl                                  MOS: 0811

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (5)                                Conduct: 4.2 (5)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Combat Action Ribbon, National Defense Service Medal, Sea Service Deployment Ribbon (3), Presidential Unit Citation


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 :

011210:  Pre-service waiver for marijuana usage granted.

031107:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of December promotion period because of altered ID card.

031203:  NJP for violation of UCMJ, Article 108:
         Specification: In that SNM, did, at MCAGCC 29 Palms, CA 92278, on or about 1800 20031104, without proper authority, willfully damage government property by scratching off the date of birth on his military ID card in order to deceive people, in order to buy alcohol. In doing so SNM damaged his ID card to the point of destroying it.
         Award: Forfeiture of $316 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 6 months. Not appealed.

031203:  Medical Officer Examination of Applicant at 3/11 Battalion Aid Station. Applicant referred to BAS by his SSgt, due to noted depressed mood and morbid writing. Patient (Applicant) is a minimal suicide risk due to his lack of ideation, intent, or plan, although his previous attempt is noted.
         Axis I: MDD, Recurrent
         Axis II: Deferred
         Axis III: None
         Axis IV: Financial, family, occupational, relationship problems
         Axis V: 51-60
         Noted in prior medical records to have pre-existing psych issues that were possibly not disclosed to recruiter.

031222:  Behavioral Health Clinic, Naval Hospital 29 Palms, CA. Applicant undergoes initial behavioral health evaluation. Applicant was referred by medical officer for evaluation of depression.
         Axis I: Depressive Disorder, Not Otherwise Specified
         Axis II: Antisocial and Dependent Traits
         Axis III: No significant medical problems
                  Axis IV: Military Lifestyle
                  Axis V: 50’s
 Conclusion and Recommendations: This member is not considered to have a serious mental illness or to represent an immediate danger to himself or others. He understands that he does not have a major psychiatric diagnosis and that he should be held accountable for his behavior/actions. Based on this psychiatric evaluation, this member does not have a medically boardable condition. This determination means that the patient’s medical (psychiatric) disposition is administrative, i.e. command responsibility, rather than a medical responsibility. Recommend that the patient (Applicant) follow-up with Dr. M_ every two weeks for the next 6 weeks or so to monitor his progress. Pending such further evaluation and the full onset of effect from his antidepressant medication, I recommend that he not have access to weapons.

040216:  Alcohol Incident: Extracted from letter by Commanding Officer, Battery M, 3d Battalion, 11 th Marines: Applicant failed to maintain the high level of standard expected of Marines in this Battery by consuming an alcoholic beverage while under the legal age of 21 in the Naha area of Okinawa, Japan.

040217:  Medical officer recommended a revised duty status for Applicant. No off base liberty for 30 days.

040218:  Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired. Recommend expeditious administrative separation.
         AXIS I: Depressive Disorder NOS
         AXIS II: Personality Disorder NOS with Antisocial and Narcissistic Traits (Primary Diagnosis)
         AXIS III: No Diagnosis.
         AXIS IV: Occupational Problems, Primary Support Problems.
040218:  Forfeiture of pay awarded at NJP on 031203 vacated due to continued misconduct.

040305:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government, due to a personality disorder. The factual basis for this recommendation is the Applicant’s personality disorder, which makes the Applicant unsuitable for military service.

040308:  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.

040308:  Commanding Officer, 3d Battalion 12 th Marines, 3d Marine Division (-) (REIN) recommended to Commanding General, 3d Marine Division, that the Applicant be discharge with a general (under honorable conditions) by reason of convenience of the government, due to a personality disorder. The factual basis for this recommendation was the respondent’s personality disorder, which makes him unsuitable for continued service. As noted by the staff psychiatrist, his condition is described as unstable interpersonal relationships, persistently unstable self image, excessive impulsivity, recurrent suicidal behavior, reactive mood instability, and difficulty controlling anger. The staff psychiatrist recommends expeditious separation based on a continuing danger to himself and others. I also concur with this recommendation.

040312:  SJA review determined the case sufficient in law and fact.

040322:  GCMCA, 3d Marine Division directed the Applicant's discharge with a general (under honorable conditions) by reason of personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040409 by reason of convenience of the government due to a personality disorder with a service characterization of general (under honorable conditions) (A and B). 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).

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. The Applicant does not deny that he was suffering from a personality disorder at the time of his discharge from the U.S. Marine Corps. He was diagnosed, by qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Marine Corps. He was considered a continuing risk to do harm to himself or others. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Therefore, the NDRB considered the Applicant’s discharge proper and equitable. Relief denied.

When the service of a member of the U.S. Marine Corps 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 nonjudicial punishment proceedings for violation of Article 108 of the UCMJ. Violation of Article 108 (willfully damaging military property) is considered a serious offense. In addition, the Applicant was involved in an alcohol related incident (underage drinking) off base in Okinawa, Japan and had a suspended nonjudicial punishment vacated due to continued misconduct. 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.

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 employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. 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. The Applicant can provide 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 P1900.16F), effective 02 Sep 01 until Present.
B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 108, willfully damaging military property.

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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