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USMC | DRB | 2005_Marine | MD0501462
Original file (MD0501462.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. MD05-01462

Applicant’s Request
The application for discharge review was received on 20050830. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Not suited for military service.” The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that she was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in Washington DC at the Washington Navy Yard. Applicant did not respond.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20060607. 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 and reason for discharge shall not change. The discharge shall remain Under Honorable Conditions (General) by reason of convenience of the government due to condition not a physical disability, personality disorder.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Dear DRB:
The following issues are the reasons I believe my discharge should be upgraded to Honorable, and the reason for the discharge be changed to “not suitable for military service”: Although I completed my MOS training course at the top score for our class I was assigned to a duty in Okinawa, Japan where our MOS was contracted out to civilians. In essence, I had no set job or duty to perform. I repeatedly asked to be relocated to a place where I may be better utilized, but my request was ignored. Over time I saw my situation as permanent and terrible. I believe my ability to serve was impaired by my immaturity, and lack of foresight. I should of “toughed-out” my situation. I agreed to my discharge after meeting regularly with a military psychiatrist for depression. I was informed that my discharge would be either honorable or general. That was my greatest concern, as I did not want to have any type of stigma on my record. I was never counseled or informed that there would be a negative reason for the discharge indicated on my official Discharge Forms (DD214). Had I known this, it would have changed my decision to agree to the discharge without and administrative board.
I realize that you generally do not take into account events following discharge, but I feel that events following the discharge support the fact that the emotional problems I faced while in the service were directly related to bad circumstances and not related to a personality disorder. Since my military enlistment, I have completed my B.A. degree in Psychology. I have also completed my credentials to teach English. I am a mother of two children and a wife of Lt.Col. in the USAF. Now that my children are older, I teach English in the public schools. I have received exemplary ratings and recommendations from my supervisors and co-workers. I have lived a very productive life, and have been successful in all of my endeavors.
I am hoping you will strongly consider my request for a discharge upgrade, and a change to the discharge reason so that this shameful stigma may be removed.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant dtd July 10, 2005
Cover Letter from Applicant dtd September 17, 2005
Applicant’s DD Form 214
Letter of Recommendation from J_ P. T_, Lt Col, USAF (Husband) dtd November 7, 2005
Professional Reference Request from Y_ S_, dtd April 11, 2005
Professional Reference Request from B_ J_, dtd April 14, 2005
Official Transcript (3 pgs)
Bachelor of Arts Psychology Degree from the University of West Florida,
State Board of Educator Certification dtd May 14, 2002
Department of Education Out of State Teacher License dtd March 1, 2005



PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19890713 – 19890807               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19890808             Date of Discharge: 19910620

 Length of Service (years, months, days):

 Active: 01 10 13
         Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

Education Level: 12                                 AFQT: 66

 Highest Rank: LCpl                                  MOS: 3052

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (5)                       Conduct: 4.3 (5)

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


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER HONORABLE CONDITIONS (GENERAL)/Convenience of the Government, Condition not a physical disability, personality disorder (without administrative discharge board), authority: MARCORSEPMAN 6203.3.

 Chronological Listing of Significant Service Events :

890713:  Report of Medical History: Applicant admitted treatment for mental condition. Applicant was treated psychologist at age 15 for low self-esteem.

890920:  Clinical Psychology Note: While at rifle range, Applicant told range officer she did not want to shoot anymore. Applicant stepped on ledge of squad bay with intent to jump. Applicant did not feel it was high enough to kill her, she just wanted to break some bones so she could go home. Applicant found with extra live rounds at range but denies knowing she had them or intent to shoot herself or anyone else. Applicant unsure of desire to be a Marine.
         Plan/Findings: Applicant fit for duty.

910120:  USN Hospital, Camp Lester, Okinawa: Applicant self referred to BAS after taking 25 Tylenol #3. Applicant reported ambivalent feelings of suicide.
 AXIS I: Adjustment Disorder with Depressed Mood.
          AXIS II: Immature and Dependent Personality Traits.
         AXIS III: Condyloma.
         AXIS IV: Moderate.
         AXIS V: 60/55
         Plan: Admit to 3-South for evaluation.

910122:  Applicant released from hospital.

910129:  Psychiatry Clinic USNH OKINAWA: Applicant seen for follow up appointment from hospitalization of 20 – 22 Jan 91.
 AXIS I: Adjustment Disorder with Depressed Mood.
          AXIS II: Immature and Dependent Personality Traits.
         Plan: Intake for “Building Healthy Relationships” with FSC practitioner on 30 Jan 01.

910129:  NJP for violation of UCMJ, Article 86: At Bks 1222, Camp Kinser, on or about 1815, 910114, failed to be at appointed place of duty for field day.
 Violation of UCMJ, Article 92: At Camp Kinser, Okinawa, or or about 2200, 910114 disobey Cpl J_ to stay in the area for field day.
          Award: Forfeiture of $204 per month for 1 month (suspended for 6 months), restriction and extra duty for 14 days. Not appealed.

910206:  Emergency Medicine Department, USNH Okinawa: Command referred Applicant due to suicidal ideation in response to being on restriction for disrespect to a NCO, boyfriend problems, and feelings of depression.
         AXIS I: R/O Depression.
         AXIS II: Personality D/O NOS.
         Plan: Admit to 3-South for further evaluation of depression.

910208:  Psychiatry Clinic USNH OKINAWA: Applicant has consistently denied SI/HI or intent since hospitalization. She denies signs/symptoms of depression. She has been mildly P/A on ward with patients and staff and continues to voice difference with military life and interpersonal relations with desire for admin sep.
         AXIS I: Adjustment Disorder with Depressed Mood.
         AXIS II: Mixed Personality Disorder with Borderline and Immature Personality Traits.
         Recommendations: Applicant is fully responsible for her actions and is deemed fit for return to duty pending admin separation. Applicant is not considered mentally ill but manifests a longstanding history of maladaptive behavioral patters of such severity as to render her incapable of serving adequately in the USMC. Although not presently suicidal or homicidal, she is judged to represent a continuing potential for self harm if retained in service. Strongly recommend admin sep for the good of the service as expeditiously as possible

910215:  Psychiatry Clinic USNH OKINAWA: Applicant seen for follow up appointment from hospitalization of 7 – 8 Feb 91.
 AXIS I: Adjustment Disorder with Depressed Mood, resolving.
          AXIS II: Mixed Personality Disorder with Borderline and Immature Personality Traits.
         Plan: Continue with FSC workshops. Follow up on 27 Feb 01.

910219:  Counseling: Advised of deficiencies in performance and conduct (Unauthorized absence, disobedience), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910227:  Psychiatry Clinic USNH OKINAWA: Applicant seen for follow up appointment.
 AXIS I: Adjustment Disorder with Depressed Mood, resolving.
          AXIS II: Mixed Personality Disorder with Borderline and Immature Personality Traits.
         Plan: Pt denies SI/HI or intent. She is responsible for her actions and fit for full duty pending admin sep.
        
910416:  Counseling: Advised of deficiencies in performance and conduct (Taking overdose pills knowing that it could end your life), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910513:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under honorable conditions (general) by reason of convenience of the government due to a personality disorder. The factual basis for this recommendation you’re your diagnosed personality disorder. You are unable to conform to military standards or perform in a reliable, safe, or appropriate manner. Your disorder will not likely change within a reasonable period of time. You have demonstrated that you have no potential for further military service.
910513:  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.

910513:  Commanding Officer, 3d Supply Battalion, recommended to the Commanding General, 3d Force Service Support Group, that the Applicant be discharged with a general discharge by reason of convenience of the government due to a diagnosed personality disorder in accordance with the provisions of paragraph 6203.3 of the reference. The factual basis for this recommendation was the respondent’s diagnosed personality disorder. The respondent is unable to conform to military standards or perform in a reliable, safe, or appropriate manner. This disorder will not likely change within a reasonable period of time. The respondent has demonstrated that she has no potential for further military service.

910521:  SJA review determined the case sufficient in law and fact.

910524:  GCMCA, Commanding General, 3d Force Service Support Group, directed the Applicant's discharge with a under honorable conditions (general) by reason of convenience of the government, in accordance with paragraph 6203.3 of reference (a), based on a diagnosed personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19910620 by reason of convenience of the government due to condition not a disability (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).

 Separations based on a personality disorder should be honorable unless a general is warranted. A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service. Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge. The Applicant’s record contains one NJP on 19910129 for violation of UCMJ Articles 86 Absence without leave and 92 Failure to obey order, regulation. Further, the Applicant received two retention warnings for deficiency in performance and conduct. In light of this evidence, the NDRB unanimously concluded that the Applicant’s discharge characterization of under honorable conditions (general) was proper and equitable. Relief denied.
The Applicant implies that her discharge is improper because she was “never counseled or informed that there would be a negative reason for the discharge indicated on [her] official Discharge Forms (DD214).” The Applicant further contends that “had [she] known this, it would have changed [her] decision to agree to the discharge without an administrative board.” By regulation, a discharge shall be deemed proper, unless it is determined that an error of fact, law, procedure, or discretion has substantially prejudiced the rights of the Applicant. The record reveals that the Applicant was properly notified of intent to recommend discharge by reason of convenience of the government due to personality disorder on 19910513 with a least favorable characterization of under honorable conditions (general). On the same date, the Applicant acknowledged the command’s intent, and the Commanding Officer, 3d Supply Battalion, recommended to Commanding General, 3d Force Service Support Group, that the Applicant be discharged with a general (under honorable conditions) by reason of misconduct due to personality disorder. On 19910524, the Commanding General directed the Applicant’s discharge. Based upon the above review, the Board unanimously concluded that the Applicant was aware of the character of and reason for discharge and that the processing was in substantial compliance with applicable statutes, rules, and regulations. What is more, according to regulations, Marines being separated by reason of convenience of the government due to personality disorder do not rate an Administrative Discharge Board. Despite the Applicant’s contentions, the Board could find no error of fact, law, procedure, or discretion that might afford the Applicant relief. Thus, the Board concluded that relief is not warranted.

The Applicant requests a Narrative Reason for Separation change to “Not suited for military service.” Under its responsibility to examine the propriety and equity of the Applicant's discharge, the NDRB will change the reason for discharge if such a change is warranted. The summary of service clearly documents that the Applicant was diagnosed with personality disorder by competent medical authority on 19910206, 19910215, and 19910227. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Therefore changing the Narrative Reason for Separation to “Not suited for military service” would be inappropriate. Relief on this basis is denied.

The Applicant implies that her discharge was inequitable because of her immaturity at the time of service. The NDRB recognizes that serving in the Marine Corps is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. Most Marines begin their service at a relatively young age. It must be noted that despite their relative youth and immaturity, the vast majority of these members still serve honorably and therefore earn their honorable discharges. In fairness to those members, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. Based on the Applicant’s records, the Board found that the Applicant's service was equitably characterized. Relief denied.

While 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 the Marine Corps, the Board 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. The Applicant submitted three character references and education credentials for consideration. The Applicant efforts should have been more encompassing to include verifiable employment records, documented community service, and certification of non-involvement with civil authorities. There is not sufficient documentation of post service character and conduct to warrant an upgrade in her characterization of discharge. Relief denied.

The following if provided for the edification of the Applicant. The Applicant has exhausted her opportunities for review by the NDRB. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of service, if she desires further review of his case.
Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, ( MCO P1900.16D, effective 890627 until 950817), paragraph 6203, CONVENIENCE OF THE GOVERNMENT.
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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