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USMC | DRB | 2005_Marine | MD0501565
Original file (MD0501565.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. MD05-01565

Applicant’s Request
The application for discharge review was received on 20050922. 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 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 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 believe that the people involved with my discharge papers had only negative comments to say about me due to the fact of me becoming overweight according to military standards. I had several Page 11 Entry’s for The Weight Control program and I had one NJP in my 3years and 6 months Active duty. I feel as if I got this discharge code unjustly due to not being aloud good statements to be written on my behalf.”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20000609 - 20000828      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20000829             Date of Discharge: 20040227

 Length of Service (years, months, days):

 Active: 03 05 29
Inactive: None
Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 5

 Education Level: 12                                 AFQT: 76

 Highest Rank: LCpl                                  MOS: 6217

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.8 (1)*                               Conduct: 3.8 (1)*

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

*Extracted from Commanding Officer’s response to rebuttal letter, undated.


 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 :

UNDATED:         Pre-service waiver for weight (HBD) waiver granted.

010308:  Counseling: Advised of deficiencies in performance and conduct (Poor attitude, lack of effort, failure to follow directions and personal appearance. SNM was instructed that in order to serve honorably SNM must correct these deficiencies, SNM is establishing a pattern of misconduct and that failure to improve could result in NJP.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010315:  Counseling: Advised of deficiencies in performance and conduct (Failure to meet Marine Corps height/weight standards per ref 6100.10B.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010706:  Counseling: Advised of deficiencies in performance and conduct (Unsatisfactory progress made while assigned to the Weight Control Program in accordance with MCO 6100.10B and GruO 6100.4F.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020802:  NJP for violation of UCMJ, Article 86: Unauthorized absence. In that SNM, did, on or about 8 and 9 July 2002, without authority, absent himself from Mandatory Weight Control Physical Training, and was 40 minutes UA from his next appointed place of duty, work center 69A, MALS-11 Avionics.
 Violation of UCMJ, Article 134: Neglect To The Prejudice of Good Order and Discipline. In that SNM, did, on or about 8 and 9 July 2002, with the intent to deceive show up for work at 740 as opposed to 0700, to lead his supervisors to believe that he was attending mandatory weight control physical training, when he wasn’t.
          Award: Forfeiture of ½ months pay for 2 months and restriction and extra duty for 45 days, reduction to E-2. Not appealed.



020823:  Counseling: Advised of deficiencies in performance and conduct (Violation of Art. 86 Unauthorized absence. Specifically, on 8 and 9 July 2002, member was UA from Mandatory Weight Control Physical Training, and 40 minutes UA next appointed place of duty; work center 69A MALS-11 Avionics. Violation of Art. 134, Neglect To The Prejudice of Good Order and Discipline. Specifically, leading supervisor to believe that member attended mandatory weight control physical training when member wasn’t. Member must understand that such conduct is unacceptable, will not be tolerated, and that any further violations may result in administrative and/or punitive actions.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020826:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the months of Oct/Nov/Dec because of NJP. Applicant chose not to make a statement.

020923:  Acknowledged understanding of eligibility but not recommended for promotion to Lance Corporal for the month of Nov promotion period because of reassignment to mandatory weight control program (failure to meet ht/wt standards as per MCO P6100.12). Applicant chose not to make a statement.

021025:  Outpatient Nutrition Clinic: Usual body weight: 240. Goal weight: 200. Plan: Instructed on meal plan. Education material provided. Applicant agreed with goal. Recommend follow up in 4 weeks.

021113:  MIRAMAR Primary Care: Referred for weight control program and COMRATS rec by nutrition. Plan: Cleared for weight control program and recommended for COMRATS to facilitate Applicant’s weight loss. Recommend no run for 10 more days to allow left ankle to fully heal.

021115:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Dec because of failure to meet height and weight standards IAW MCO P6100.12. Applicant chose not to make a statement.

030429:  Weight Control Evaluation conducted at MCAS Miramar Primary Care Clinic. Weight: 220 pounds. Plan: Fit for full duty and BCP participation. Recommend individualized exercise program.

030616:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Jul/Aug/Sep due to assignment to weight control. Applicant chose not to make a statement.



030702:  Medical evaluation by Branch Medical Clinic-MCRD, Mental Health Unit , Psychological Evaluation Report:
         AXIS I: Adjustment disorder with depressed mood.
         R/O depressive disorder NOS
         AXIS II: Deferred.
         AXIS III: Persistent hand pain.
         The patient (Applicant) denied suicidal or homicidal ideation, plan, or intent.
         Recommendations:
1.       The patient (Applicant) is psychologically fit for full duty.
2.       Educated on proper sleep hygiene.
3.       Return to BMC Miramar for antidepressant medication evaluation.
4.       Patient to return to clinic in 2-3 weeks for follow up evaluation.
5.       Patient scheduled with CAPT H_, clinic psychiatrist, for follow up medication management.
6.       The patient was informed of the results of this evaluation,
030807:  Medical evaluation by LCDR R. D. B_, Clinician Manager, Mental Health Unit, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA .
 Primary Diagnosis: Personality disorder not otherwise specified, with borderline, narcissistic, and passive-aggressive features.
Recommendations: The member (Applicant) is not considered to be mentally ill (no medically boardable condition), but does manifest a long-standing disorder of character and behavior, which is of such severity as to render this individual unsuitable for continued military service. The member does not presently require, and will not benefit from hospitalization. The member is competent. Short-term psychiatric treatment for this condition is of limited benefit, and long-term treatment is not available within the military. However, the member has a history of violent thoughts and inappropriate, potentially dangerous, behavior that are long-standing and increase while under stress. The member is judged to represent a significant risk to themselves and/or other if retained on active duty. The member is deemed fit to return to duty for immediate processing for expeditious administrative separation in accordance with Marine Corps Separation and Retirement Manual, Chapter 6, Section 2, 6203. It is also recommended that he not have access to a weapon, not operate government vehicles, and/or work with classified materials. The patient (Applicant) should be placed in a non-deployable status.

030905:  Applicant notified of intended recommendation for discharge by reason of convenience of the government due to a personality disorder with a characterization of service as general (under honorable conditions). The factual basis for this recommendation is a personality disorder, documented in a series of medical reports.
030910:  Medical evaluation and follow-up by LCDR R. D. B_, Clinician Manager, Mental Health Unit, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA. The member’s (Applicant’s) diagnoses are:
a)       Personality Disorder, NOS
b)       Adjustment Disorder with Depressed Mood. This is a disorder with symptoms, which can include depressed mood, difficulty concentrating, changes in appetite, and changes in sleep patterns
 Upon initial evaluation dated 2 Jul 03, the subject member’s (Applicant) primary complaint was difficulty sleeping, to include insomnia, which reportedly limited member’s sleep to two to three hours per night. Member’s (Applicant’s) complaints of insomnia persisted through 31 Jul 2003 when member’s (Applicant’s) symptoms were addressed with medication.
                 
030911:  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.

030912:  Counseling: Advised of deficiencies in performance and conduct (Violation of Art. 86, Unauthorized absence. Specifically on 20 June 2003, member was UA from Mandatory weight control physical training, and weigh-In. Member must understand that conduct is unacceptable, will not be tolerated, and that any further violation may result in administrative and/or punitive actions.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

031016:  Avionics Officer, Marine Aviation Logistics Squadron 11 recommended to Commanding Officer, Marine Aviation Logistics Squadron 11 Applicant’s discharge under other than honorable conditions. The Applicant currently expresses no thoughts of suicide/homicide. The Applicant remains responsible for his actions and should be held accountable.

031202:  Applicant’s statement.

031205:  Applicant acknowledged that he was eligible but not recommended for promotion to Sergeant for the months of Jan/Feb/Mar due to unsatisfactory military appearance. Applicant was unavailable for signature.

031212:  Counseling: Advised of deficiencies in performance and conduct (Concerning Marine’s failure to meet Marine Corps Order P6100.12 Height/Weight Standards and being assigned (first assignment) to the Squadron’s Weight Control Program effective this date 22 October 2003 until Marine have made sufficient progress. Marines actions on the above date did not meet these expectations and performance was below standards. A much higher level of proficiency and professionalism is expected of you and performance of this nature will not be tolerated! This incident reflects poorly on the awesome responsibilities of being a (Non Commissioned Officer). Marine will be held accountable for all actions.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

UNDATED:         Commanding Officer, Marine Aircraft Logistics Squadron 11 response to Applicant’s rebuttal recommends expeditious discharge of general (under honorable conditions) for convenience of the government due to a personality disorder.

 040122:  General Medical Officer, Marine Aviation Logistics Squadron 11 recommended Applicant’s expeditious administrative separation.
040224:  GCMCA, Commanding General, 3d Marine Aircraft Wing, 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 20040227 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).

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Specifically, the Applicant alleged that the personnel involved in his discharge processing presented only negative comments about his performance due to his assignment to the weight control program. There is no evidence in the record, nor has the Applicant produced any evidence, to support his contention that his discharge was improper because statements written on his behalf were not included in the administrative discharge process. The separation process was in strict compliance with the Marine Corps Separation and Retirement Manual. Relief denied.

On 20030807, competent medical authority diagnosed t he Applicant as having a personality disorder not otherwise specified, with borderline narcissistic and passive aggressive features. The medical authority concluded that the Applicant’s personality was so severe that his ability to function effectively in the military environment was significantly impaired. At a follow-up examination on 20040122, another medical officer confirmed the initial diagnosis, stated that the Applicant was responsible for his actions, and recommended that the Applicant be processed for administrative separation. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider the Applicant’s discharge proper and equitable, therefore, relief is not warranted.

 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. T he Applicant’s service was marred by nonjudicial punishment proceedings for violations of Articles 86 and 134 of the UCMJ. In addition, the Applicant received 6 retention warnings and was not recommended for promotion on 5 occasions. Of the 6 retention warnings, 3 were for failure to meet the Marine Corps height/weight standards. 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 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 P1900.16F), effective 02 Sep 01 until Present.

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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