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USMC | DRB | 2005_Marine | MD0501567

Original file (MD0501567.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. MD05-01567

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:

“On the above date I was discharged from the USMC under 6203.3 of the MARCORSEPMAN (MCO P1900.16F) for having a personality disorder. However, since Dr. J_ D_ clearly stated in his report that I was not imminently dangerous to self of others, under 6203.3c I must be counseled in accordance with 6105 prior to discharge. I was not. My SRB’s page 11 is a testament to that. I brought this to the attention of the Commanding General but was still discharged. Had I been given the chance to overcome my deficiencies or impairments along with treatment, I may have been successful in correcting myself and proud to be a good Marine. Instead my rights were trampled and my greatest dream destroyed.”

Documentation

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

Applicant’s DD Form 214
Sixteen pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

         Inactive: USMCR (DEP)    20010615 - 20020603      COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 20020604             Date of Discharge: 20030611

Length of Service (years, months, days):

Active: 01 00 08
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 81

Highest Rank: PFC                                   MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: NA*                                    Conduct: NA*

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

*Not Available

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 :

030221: Counseling: Advised of deficiencies in performance and conduct (Disrespectful attitude and language toward LCpl H_ who was in the execution of duties as the A Co DNCO. In specific LCpl H_ was following orders of the guard Marines to muster all Marines in the barracks for a working party and Applicant responded by calling LCpl H_ a “Buddy F-----” and Applicant continued to display disrespectful language by saying “F--- You”. This display of unprofessionalism and disrespect for the DNCO will not be tolerated.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030411: Medical evaluation by J_ D_, M.D., CPT MC USA, Psychiatry Resident, Acting, at National Naval Medical Center (NNMC), Bethesda, MD. The Applicant was hospitalized at (NNMC) on 030411 for evaluation of suicide potential. This admission occurred after the Applicant ingested a significant amount of medication in a manner other than prescribed.
         Psychiatric Diagnosis:
         Axis I: Adjustment disorder with mixed disturbances of emotion and conduct.
         Axis II: Personality disorder not otherwise specified with antisocial traits.
This personality disorder existed prior to enlistment and is likely to continue even beyond discharge from military service. This disorder is unresponsive to treatment that is routinely available in the United States military. Further hospitalization is not warranted at this time. Although not imminently suicidal or homicidal, the Applicant’s personality disorder places him at continuing potential risk of harm to himself or others. Continuation in the USMC at this time is not deemed to be in the Applicant’s best interest, or in the best interest of the USMC. Therefore, reference (a) [MARCORSEPMAN 6105] should be waived as per reference (b) [MARCORSEPMAN 6203.3] as the Applicant has been evaluated by a psychiatrist. It is most strongly recommended that the Applicant be processed for expeditious administrative separation in accordance with reference (b) for a personality disorder. Until processing for an administrative separation is completed, deployment of the Applicant is not recommended. The Applicant should not handle weapons or ammunition, nor should he have access to classified information. The Applicant’s judgment and reasoning are considered intact for medical and legal purposes, and he should be held accountable for his actions.

030417: Applicant notified of intended recommendation for discharge by reason of convenience of the government due to your personality disorder with a characterization of service as general (under honorable conditions). Due to the medical officer’s recommendation and determination that PFC H_ (Applicant) is a chronic danger to himself and danger to himself or others, no 6105 counseling is required.

030417: Commanding Officer, Alpha Company, MarBks, Washington, DC, recommended to Commanding General via Commanding Officer, Marine Barracks, Washington Applicant’s discharge with a general (under honorable conditions) by reason of a personality disorder. The factual basis for this recommendation was a letter from the Inpatient Adult Psychiatry Service, National Naval Medical Center recommending administrative separation due to PFC H_(Applicant)’s personality disorder, and as non-medical evidence, statements from his platoon commander and the company 1 ^st Sgt. Commanding Officer’s comments: “Based on Private First Class H_(Applicant)’s personality disorder, it is requested that he be separated from the Marine Corps with a general discharge.”

030516: 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.

030521: Commanding Officer, Marine Barracks, Washington, DC readdressed and forwarded concurring with the Company Commander’s recommendation Applicant’s discharge with a general (under honorable conditions) by reason of convenience of the government due to personality disorder.

030605: GCMCA, Marine Corps Base, Quantico, VA directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government by reason of a personality disorder.

030606: Commanding Officer, Marine Barracks, Washington, DC notified Applicant of approved discharge with a general (under honorable conditions) by reason of a personality disorder.

         Service Record was missing elements of the Summary of Service (Proficiency and Conduct marks).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030611 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 available 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).

The Applicant contends that he should have received counseling, pursuant to section 6105 of reference (A), subsequent to the diagnosis of his personality disorder and prior to his administrative separation, to provide him a reasonable opportunity to correct his deficiencies. On 20030411, competent medical authorities diagnosed the Applicant as having a personality disorder. The medical officer specifically stated that although the Applicant was not imminently suicidal or homicidal, the personality disorder placed the Applicant at continuing risk of harm to himself or others, and that the 6105 counseling should be waived in processing the Applicant for expeditious administrative separation. The Applicant’s Commanding Officer reviewed the medical officer’s recommendation, along with recommendations for the Applicant’s administrative separation provided by the Applicant’s Platoon Commander and Company First Sergeant, and specifically explained that no 6105 counseling was required, due to the determination that the Applicant was a chronic danger to himself or others. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Relief denied.

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 received a retention warning for disrespectful language and attitude toward the Duty NCO, a vi olation of Articles 91 of the UCMJ. 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 .

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 | MD0501567

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