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USMC | DRB | 2005_Marine | MD0501453
Original file (MD0501453.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. MD05-01453

Applicant’s Request
The application for discharge review was received on 20050901. The Applicant requests the Narrative Reason for Separation be changed to “Administrative seperation.” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060601. 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 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:

“I was supposed to be having a admin sep. I was having severe migraines because my mother was diagnosed with terminal cancer and was under going surgery, so a neurologist was treating my headaches. The E-3 (Lance Corporal) who typed my discharged made a mistake on my DD-214. I have enclosed proof. I tried to have this fixed on base as soon as they issued me my papers. They took my medical records from me and would not change it. So I went back on base a few days later and the told me to bring them my records to prove what I was saying. They knew I could not because they took my records. This game continued for weeks. So after a year I went to a recruiter and they said I needed my medical records. They didn’t tell me how to get them. They said my case was just too much trouble. Every recruiter I spoke with told me the same thing.

I was able to get a copy of my Medical Records from Congressman B___ F___’s office. I went to MEPS for Re Enlistment and was turned down because they need to see my records to make a decision. After I brought them my records a year later the doctors reviewed it and concluded what I was saying that my Reason For Separation was unjust. So they sent me to see a neurologist to make sure I was no longer having migraines (which I haven’t had for 5 years). The neurologist found me in good health. So the doctors at MEPS pass me based on the evidence in my medical records.”

Applicant’s issues, as stated on enclosed document:

“The individuals who issued my discharge misread the neurologists notes that classified migraine headaches as mental health. The doctor cleared it up by writing the patient has 0 (not) suicidal/homicidal/depressed. It took me years to get my medical records. All of the recruiters I went to say I had to get my medical records for proof of what happened but none of them would tell me how or help me to get a copy. So I went back to my recruiter and MEPS in San Diego CA with proof of what happened. The doctors reexamined me a look at my records and agreed that my reason for discharge was not justified. So the decided I did not need a psych council based on the overwhelming evidence in my medical records. They sent me to see a neurologist to make sure I was not having migraines still and the doctor (neurologist) said I was in good health ever since I changed my eating habits. So the doctors passed me.

Even with that happening the recruiters say that I still need to have the reason for discharge changed on my dd 214. Even with my records and “ok” from MEPS. The reason for discharge would make it too much work as they put it to go through process of getting me in. I am asking the Board to review the attached document contact the doctors if you need to. I just want a fair discharge that I should have received. As you can imagine its hard to find employment with the phrase “personality disorder” on my discharge papers. Employers assume I’m some kind of psychopath based on that and will not hire me. I just want a fair discharge based on evidence in my medical records and the notes of the doctors and neurologists at MEPS who reviewed all of my medical records and examined me. I was supposed to have received an Admin Separation based on notes in my medical records. So I am asking for the reason for discharge to be changed to “administrative separation” with the appropriate reentry code. My current reentry code is Re-3C. I’m not sure what it is supposed to be.

Or Hardship according to my recruiter not sure if Admin sep and Hardship is the same. None of the recruiters I’ve spoken with are much help. I have no choice but to try to fix this on my own. Was told to contact board of corrections to resolve this.”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Letter from S_ D. J_, Department of Veterans Affairs, Records Management Center, dtd August 30, 2004
Handwritten letter from Applicant, undtd (3 pages)
Applicant’s DD Form 214
Three pages from Applicant’s military medical record
Report of Medical Examination, dtd October 16, 2003 (6 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19970307 - 19970629      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19970630             Date of Discharge: 19980429

 Length of Service (years, months, days):

 Active: 00 10 00
          Inactive: None

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

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 4

 Education Level: 12                                 AFQT: 34

 Highest Rank: PFC                                   MOS: 2531

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (2)                                Conduct: 4.2 (2)

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

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 :

980129:  Applicant seen at the Outpatient Psychiatry/Psychology Clinic at Winn Army Community Hospital.
980129:  Applicant hospitalized at Winn Army Community Hospital.

980202:  Applicant released from Winn Army Community Hospital..

 980202:  Psychiatric evaluation at United States Army Medical Department Activity, Fort Stewart, GA by K_ L. M. C_, MD, Maj, MC, Chief, Inpatient Psychiatry.
 Diagnoses : AXIS I: Adjustment disorder with depressed mood. AXIS II: Antisocial personality traits. AXIS III: Migraine headaches.
          Findings : No psychiatric disease/defect which warrants disposition through medical channels per Army regulations.
          This individual was and is mentally sound and able to appreciate any wrongfulness in conduct and to conform conduct to the requirements of the law. Has the mental capacity to understand and participate in board or other administrative proceedings.
         Return to duty will probably lead to a repetition of such responses as were noted prior to evaluation.
         Condition and the problems presented are not in the opinion of this examiner, amenable to further hospitalization, treatment, transfer, disciplinary action, training or reclassification to another type of duty in the military. It is unlikely that efforts to rehabilitate or develop this individual into a satisfactory member of the military will be successful.
          Recommendation: It is strongly recommended that E-2 G_(Applicant) be administratively separated as expeditiously as possible. Consultation with Navy or Marine Corps Mental Health personnel may be necessary to determine which regulation would govern such a separation.
         Follow up appointments will be provided at Outpatient Psychiatry/ Psychology Services at Win; next appointment is with SPC H_ on 5 Feb 98 at 1000 hours.
980209:  Medical evaluation at Head, Mental Health, Naval Hospital, Beaufort, SC by J. G. P_, III, LCDR 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. He reported the Applicants ongoing thoughts of harming himself or others if he is retained. The Applicant was considered unsuitable for further military service. The Applicant was recommended for administrative separation due to a personality disorder.
        
980210:  Commandant of the Marine Corps (MMEA-86) message approved Applicant’s humanitarian assignment to Inspector-Instructor Staff Savannah GA until 980406. The message directed the assignment of reenlistment code RE-3C until the family situation was resolved or stabilized. RE-3C is assigned when directed by the CMC or when not eligible and disqualifying factor is not covered by any other code.

980309:  Applicant notified of modification of permanent change of station orders. Effective 10 March 1998 you will stand detached from your humanitarian Permissive Temporary Additional Duty and directed to proceed to the Commanding General, 2d Marine Air Wing, Marine Corps Air Station, Cherry Point, NC NLT 2359, 11 March 1998.

980326:  Congressional/Special Interest Correspondence.

980406:  Counseling: Advised of deficiencies in performance and conduct (Constant tardiness; failure to report to SqdHq from 0700, 980406 and remain absent until 1000, 980406.), necessary corrective actions explained, sources of assistance provided. Applicant chose not to make a statement.

980406:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

 980407:  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 by reason of personality disorder. The factual basis for this recommendation was on 09 Feb 1998, you were evaluated by the Mental Health Section at Beaufort Naval Hospital and diagnosed as having a personality disorder. Your evaluation exhibits that your personality disorder is of such severity that you are unsuitable for further military service. It is also judged that if retained in the Marine Corps, you represent a risk to others and/or yourself. Your personality disorder is not amenable to treatment routinely provided by the military health care system, thus requiring immediate processing for administrative separation.

980409:  Commanding Officer, Marine Wing Support Squadron 273 recommended to Commanding Officer, Marine Wing Support Group 27. Applicant’s discharge with a general (under honorable conditions) by reason of convenience of the government.

980422:  Commanding Officer, Marine Wing Support Group 27 concurred with Commanding Officer’s remarks and recommended Applicant’s discharge with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder.

980423:  Counseling: Advised of deficiencies in performance and conduct (Constant tardiness; failure to obey a lawful order and UA from a place of duty on three occasions.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant chose not to make a statement.

980424:  SJA review determined the case sufficient in law and fact.

980424:  GCMCA, Commanding General, 2d Marine Aircraft Wing directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government due to personality disorder.

980428:  Report of Medical History: Purpose of Examination: Discharge. Physician’s summary: Dx’ed with migraine headaches by neurologist Ft. Steward, GA - occur “once every few months” - CT Scan - negative - takes pm midra & compazine occasionally, NCO. SNM undergoing admin. separation for “mental health” reasons - not elaborated on medical chart - not suicidal/homicidal/depressed.

980428:  Report of Medical Examination by M_ J. F_, MD, LT MC USNR, Flight Surgeon: Purpose of Examination: Sep.
         Number 42: Admin. sep. pending for “stress” reasons. Applicant found qualified for separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980429 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 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’s DD Form 214 contained an error. Block 24, character of service, should read: “General (Under Honorable Conditions). The general court martial convening authority (GCMCA), Commanding General, 2d Marine Aircraft Wing directed the Applicant's discharge with general (under honorable conditions) by reason of convenience of the government due to personality disorder. The Board recommended an administrative change to the Applicant’s DD Form 214.

 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 states “the E-3 (Lance Corporal) who typed my discharge made a mistake on my DD-214” in that he “misread the neurologists notes that classified migraine headaches as mental health.” On 980202 and 980209, competent medical authority diagnosed the Applicant as possessing a personality disorder so severe that his ability to function effectively in the military environment was significantly impaired and recommended his administrative separation. 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. To change the Narrative Reason Separation would be inappropriate. Additionally, t he contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Therefore, relief denied.

The Applicant states that he should have received an administrative separation. On 980407, the Applicant was 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 by reason of personality disorder. Applicant was advised of his rights, elected not to consult with counsel, and elected to waive all of his rights.
 The Applicant’s discharge was an administrative separation.

The Applicant contends that his narrative reason for discharge makes it “hard to find employment.” As indicated above, the Board determined the Applicant’s narrative reason proper and equitable at the time of issuance. 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.
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. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.
Additionally, the Board has no authority to change a reason for discharge for the sole purpose of reentry into the military service. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as general (under honorable conditions) 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 written counseling on 2 occasions for habitual tardiness and unauthorized absence (4 occasions noted). The Applicant’s conduct was below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief is therefore 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 additional evidence related to this 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 .

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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