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USMC | DRB | 2005_Marine | MD0501275

Original file (MD0501275.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. MD05-01275

Applicant’s Request

The application for discharge review was received on 20050719. 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 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 Under Honorable Conditions (General) 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:

“I WOULD LIKE TO ENLIST IN THE ARMY RESERVES BEFORE I GET TOO OLD. I WANT TO HELP WITH THE WAR IN IRAQ. THE SARGEGNT WHO CAUSED ME TO RECEIVE A GENERAL UNDER HONORABLE DISCHARGE HAS SINCE BEEN COURT MARTIALLED”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s voluntary statement to U.S. Naval Criminal Investigative Service, dtd April 11, 1994 (2 pages)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USMCR (DEP)    19920520 - 19920720      COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19920721             Date of Discharge: 19931020

Length of Service (years, months, days):

Active: 01 03 00
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 18

Years Contracted: 6

Education Level: 12                                 AFQT: 80

Highest Rank: LCpl                                  MOS: 2111

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 4.4 (5)                                Conduct: 4.2 (5)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge, National Defense Service Medal

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.

Chronological Listing of Significant Service Events :

930319: Counseling: Advised of deficiencies in performance and conduct (Willfully disobeying the lawful order of a SNCO by operating a POV aboard APG, MD.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930624: 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 and that he is a continuing risk to do harm to himself and others.
         AXIS I: None
         AXIS II: Narcissistic personality disorder
         AXIS III: None

930818: Counseling: Advised of deficiencies in performance and conduct (Failure to follow orders; personality disorder as indicated by inability to function effectively in a military environment; and conduct detrimental to the good order and discipline of unit.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930917: Psychiatric condition: Marine has been followed up in group therapy sessions. Applicant continues to demonstrate narcissistic personality disorder, severe, which warrants expeditious administrative separation as previously recommended. This condition is characterlogical to patient and is considered a permanent condition.
All recommendations from 24 June 1993 are current and recommended.

930921: Applicant notified of intended recommendation for under honorable conditions (general) discharge by reason of personality disorder. Applicant notified the least favorable characterization of service possible is under honorable conditions (general) by reason of convenience of the government

930921: 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.

930924: Statement of Chief Warrant Officer-2, S_ R. P_, Administration Officer and Adjutant for Marine Barracks, Japan: “... [Applicant] was reassigned to Headquarters S-1 section on 23 June 1993, since he could not perform his duties as an armorer because of his personality disorder and recommendation by Dr. Y_, a psychiatrist, that he be separated due to being a risk to himself and others.... [Applicant] demonstrates an adverse and independent reaction to basic leadership efforts by often simply doing what he wants instead of what he is responsible for.”

930924: Commanding Officer, Marine Barracks, Japan, recommended Applicant’s discharge under honorable conditions (general) by reason of convenience of the government by reason of personality disorder. The factual basis for this recommendation was the evaluation on 24 June 1993 and subsequent follow up on 17 September 1993 at Psychiatric Department, U.S. Naval Hospital, Yokosuka, Japan. The Applicant was diagnosed as having a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the U.S. Marine Corps. Commanding Officer’s comments: “... Lance Corporal S_ [Applicant] is a 2111, small arms repairman, but had not been working as such due to his suicidal ideation. He has failed to improve his performance or become an effective member of his unit. Lance Corporal S_ [Applicant] has been unable to function effectively in a military environment even though he has been given detailed assistance and supervision. He is potentially dangerous to himself and others and is clearly unqualified for continued service. Further retention would have a severe detrimental effect on the military effectiveness of this Command or any other command to which he may be assigned. Accordingly, expeditious separation of Lance Corporal S_ [Applicant] with a general discharge by reason of personality disorder is warranted and strongly recommended.”

931001: SJA review determined the case sufficient in law and fact.

931004: GCMCA, Commander, Marine Forces Pacific, directed the Applicant's discharge with a under honorable conditions (general) by reason of convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19931020 by reason of convenience of the government due to a personality disorder (A) with a service characterization of under honorable conditions (general). 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 Board presumed regularity in the conduct of governmental affairs (D).

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 was counseled on 19930319, for disobeying a lawful order, and 19930818 for failure to follow orders, personality disorder and conduct detrimental to good order and discipline. The evidence of record shows the Applicant “often [did] what he [wanted] instead of what he [was] responsible for.” 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 the sergeant who “caused [him] to receive a general under honorable discharge has been court martialled.” The Board could find no improprieties or inequities in the Applicant’s discharge. While the Applicant may feel that a noncommissioned officer in his unit caused the Applicant to accept an improper administrative discharge, neither the evidence of record nor the document submitted by the Applicant are sufficient to overturn the presumption of regularity. The Applicant was diagnosed by competent medical authority on 19930624 as having a personality disorder. The Applicant’s Commanding Officer recommended the Applicant’s under honorable conditions (general) discharge on 19930924. The recommendation was found sufficient in law and fact on 19931001 and the Applicant’s discharge was directed by the General Court Marital Convening Authority on 19931004. Relief denied.

The Applicant contends that his discharge should be upgraded so that he may reenlist. 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 to facilitate reenlistment. T he NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Relief on this basis would be improper.
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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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USMC | DRB | 2005_Marine | MD0501275

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