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USMC | DRB | 2005_Marine | MD0501500
Original file (MD0501500.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. MD05-01500

Applicant’s Request
The application for discharge review was received on 20050907. 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 20060531. 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 and 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 and/or from an attached document/letter to the Board:

“The reason of “personality disorder” to be stigmatizing. At the time I was suffering from episodic depression caused by the sudden deaths of my grandfather, a WWII Navy Veteran, and my father-in-law, Commander and Doctor in the Navy, B_ H_.

 I was advised that your office would assist me in completion of this transaction. My name is M_ P_ H_ P_(Applicant). I served in the United States Marine Corps at Camp Lejeune, North Carolina for two years and was discharged on August 4, 2004. While in the USMC, I attained the rank of Lance Corporal. I was awarded the National Defense Service Medal, the Good Conduct Medal and Rifle Qualification Badge.

Enclosed is a copy of my DD Form 214 for your reference. You will notice that I received a “General (under Honorable Conditions) discharge and the narrative reason given is “Personality Disorder”. I would like to explain that reason since I am seeking your assistance in having a corrected DD Form 214 issued that indicates and “Honorable Discharge”.

I was married on November 5, 2003 while in the Marine Corps, which meant a period of adjustment to married life and living off base. On February 1, 2004, my grandfather, W_ S_ H_, a World War II Navy Veteran and retired New York Stat Police Sergeant, died unexpectedly. My grandfather was my personal hero, and I was honored to be a pallbearer at his funeral. A couple weeks later, I discovered that my Dad was not my “real Dad.” I learned that I had a different biological father, which came as a shock to me. Later that month, I was cited for a civilian traffic violation and was confined to my base for 45 days. During my base restriction, my mother came to visit me during her Spring break from teaching, and took me to lunch at the base commissary which I was later advised was off limits due to my restriction. I was immediately stripped of my rank and demoted to Private First Class with a permanent loss of pay. Then on May 1, 2004, the day I was let off restriction, my father-in-law, B_ H_, a doctor and Commander in the Navy, died suddenly of a massive heart attack. It was left to me to inform my wife of this tragic loss.

The combination of these incidents in my life left me in a state of considerable depression. I consulted with the base Chaplain, then the base psychiatrist, who listened to me for about 15 minutes before prescribing me an antidepressant that actually worsened my symptoms. I was unable to feel as I had before. The ultimate result is that the description on the DD Form 214, which indicates “Personality Disorder”, is incorrect. I feel that I was temporarily depressed and under stress for all of the above reasons. I am seeking the assistance of the Discharge Review Board in having a new Form DD 214 issued that indicates “Honorable Discharge” and not “General (under Honorable Conditions).” This is a document that will stay with me the rest of my life.

Currently, I am enrolled as a student at Columbia-Greene Community College in Hudson, New York where I plan to complete an Associates Degree before transferring to SUNY at Albany. I feel my current DD-214 may prohibit me from pursuing a potential career in law enforcement, which I desire to obtain in order to carry on my grandfather’s legacy.

Thank you for your assistance in this very important action.
Sincerely,
[signed]
M_ P. P_(Applicant)”
Documentation
In addition to the service and medical record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter to Board for Correction of Naval Records, dtd August 26, 2005
Letter to Senator S_, dtd September 9, 2004
Letter from Applicant, dtd December 6, 2005
Transcript from Columbia-Greene Community College, dtd November 30, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20020215 - 20020915      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20020916             Date of Discharge: 20040804

 Length of Service (years, months, days):

 Active: 01 10 19
          Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 42

 Highest Rank: LCpl                                  MOS: 3521

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (5)                                Conduct: 3.9 (5)

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


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 :

020202:  Pre-service waiver(s) granted. [FBE: Drug involvement not considered a law violation. DDE: Adjudicated serious offense law violations.]

040305:  Counseling: Advised of deficiencies in performance and conduct (DWI received on 28 February 2004. BAC count was .08 and (Applicant) is to appear before the Onslow County court on 23 March 2004. (Applicant) is also under the legal drinking age.) and necessary corrective actions explained. Applicant choose not to make a statement.

040318:  NJP for violation of UCMJ, Article 92: In that Lance Corporal M_ P. P_(Applicant) did on or about 0143 February 28, 2004, fail to obey a lawful general order to wit: Paragraph 1403, Section 1, MCO P1700.27, by consuming alcohol while underage.
 Violation of UCMJ, Article 111: In that Lance Corporal M_ P. P_(Applicant) did, on or about, 0143 February 28, 2004, while on US 17, Jacksonville NC, physically controlled a motor vehicle to wit: While impaired by alcohol, breath was 0.08 grams of alcohol per 210 liters of breath or greater as shown by chemical analysis.
Violation of UCMJ, Article 123: In that Lance Corporal M_ P. P_(Applicant) did, on or about, 0143 February 28, 2004, with intent to defraud, falsely make a certain writing in the following figures, to wit: Altering his state drivers license, by changing his birth date from 1983 to 1980, a writing which would, if genuine, apparently operate to the illegal act of obtaining alcohol.
         Award: Forfeiture of $668 per month for 1 month, restriction and extra duty for 45 days, reduction to E-2. Reduction suspended for 6 months. Not appealed.

040413:  Applicant to Outpatient Treatment.
040419:  Applicant’s award from NJP on 040318 vacated due to continued misconduct. [Extracted from Commanding Officer’s letter of 040622.]
040423:  Applicant discharged from Outpatient Treatment having successfully completed the program.
040427:  Medical evaluation by Division Psychiatrist, 2d Marine Division, II MEF. The Applicant was diagnosed with a personality disorder, not otherwise specified, with immature features. The Applicant’s was determined to manifest a longstanding disorder of character and behavior which is so severe that his ability to function effectively in the military environment was significantly impaired. The Applicant was determined to pose an immediate danger to himself.
040505:  Applicant notified of intended recommendation for honorable discharge by reason of convenience of the government due to a personality disorder. The factual basis for this recommendation was the statement provided by the Division Psychiatrist, 2d Marine Division, II MEF. Applicant informed the least favorable character of service possible is general (under honorable conditions).
040512:  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.

040622:  Commanding Officer, 2d Battalion, 10 th Marines, Camp Lejeune, NC, recommended Applicant’s honorable discharge by reason of personality disorder. Commanding Officer’s comments: “...Private First Class P_(Applicant) is a qualified Marine in regards to performing his duties within his MOS but he does not uphold the standards expected of a Marine. As a Marine he should aspire to perfection by assessing their deficiencies and working to overcome them. Private First Class P_(Applicant) has not done this. He is no longer permitted to handle weapons or engage in other potentially stressful or hazardous duties; therefore he has been unable to function effectively within the battalion. Private First Class P_(Applicant) received Battalion NJP on 18 March 2004 for Articles 92, 111 and 123. He received 45 days restriction, 45 days extra duty and reduction to Private First Class suspended for 6 Months and then vacated on 040419 for violation of Article 134 (Breaking restriction). His average service proficiency/conduct marks are 3.9/3.9. Retention of Private First Class P_(Applicant) is not in the best interest of the Marine Corps nor SNM. Accordingly, I recommend that Private First Class P_(Applicant) be administratively separated from the Marine Corps.”

040721:  SJA review determined the case sufficient in law and fact.

040723:  GCMCA, Commanding General, 2d Marine Division, II Marine Expeditionary Force, Camp Lejeune, NC directed the Applicant's discharge with a general (under honorable conditions) 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 20040804 by reason of convenience of the government due to a personality disorder (A and B) 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 (C and D).

When a Marine’s service 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. T he Applicant’s service was marred by the Applicant’s civilian apprehension for driving while intoxicated and nonjudicial punishment proceedings for violations of Articles 92, 111 and 123 of the UCMJ. The Applicant’s violations of Articles 92, 111 and 123 of the UCMJ are considered serious offenses. On 20040419, the Applicant’s suspended award from nonjudicial punishment proceedings on 20040318 was vacated due to the Applicant’s 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 Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant implies that his discharge is improper because he was “suffering from episodic depression” and did not have a personality disorder. The documentation and statements provided by the Applicant were not sufficient to demonstrate that the Applicant was not properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority and competent medical authority recommended the Applicant’s discharge on this basis on 20040427. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

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, credible evidence of a substance free lifestyle 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. 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, 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 92, failure to obey order/regulation, Article 111, drunken driving or Article 123, forgery.

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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