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USMC | DRB | 2006_Marine | MD0600137
Original file (MD0600137.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-Cpl, USMC
Docket No. MD06-00137

Applicant’s Request
The application for discharge review was received on 20051020. 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 20060824 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the discharge shall change to : HONORABLE/PERSONALITY DISORDER , authority: MARCORSEPMAN Par. 6203.3, Separation Code “JFX1.”






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

 “ My discharge was inadequate because it was based on my early termination (less than 4 years) of active service, not on my proficiency or conduct as a Marine while I was in active service, which was better than average.”
Documentation
In addition to the service record, 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)    20010720 - 20011104      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20011105             Date of Discharge: 20050112

 Length of Service (years, months, days):

 Active: 03 02 08
          Inactive: None

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

 Age at Entry: 20

 Years Contracted: 4

 Education Level: GED                                 AFQT: 99
Highest Rank: Cpl                                   MOS: 0311/8152

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (8)                                Conduct: 4.3 (8)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Marine Corps Good Conduct Medal, Global War on Terrorism Service Medal, Nato Medal, Sea Service Deployment Ribbon, National Defense Service Medal, Letter of Appreciation (2d awd), Certificate of Commendation, Sharpshooter Rifle Badge, Sharpshooter Pistol 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 :

030127:  Applicant evaluated by T. S. H _ , Ph. D., Clinical Psychologist on 030104 (as an emergency department consultation). Applicant was evaluated again on 030106 and seen for two subsequent sessions on 030116 and 030124. At the time of initial evaluation Applicant was diagnosed with adjustment disorder, with depressed mood. Subsequent therapy sessions revealed that diagnosis has been resolved. Therefore, at this time, Applicant is considered fit for full duty.
040623:  Medical Evaluation by J_ P. F_, Psy. D., CDR, MC, USN, Psychology Department, Naval Medical Center, Portsmouth, VA. Applicant self- referred for depressive symptoms while on leave between duty stations. Diagnostic Impressions: By report patient experienced a distinct change in his functioning over the past 18 months and met the criteria for a major depressive episode. He desired an evaluation at the urging of others, but is ambivalent or pessimistic regarding treatment possibilities.
         AXIS I: Major Depressive Disorder, Single Episode, Mild to Moderate
         AXIS II: Narcissistic, Antisocial and Paranoid Personality Traits
         AXIS II: Deferred; no complaints
         AXIS IV: Occupational distress
040818:  Medical evaluation by R_ T_, Psy D., LT, MSC, USNR, Mental Health Services, Makalapa Branch Medical Clinic - Pearl Harbor .
          AXIS I: Mood disorder NOS.
         AXIS II: Personality disorder NOS with antisocial, paranoid, and narcissistic traits, Primary diagnosis.
         AXIS III: No diagnosis.
         AXIS IV: Routine military life.
         AXIS V (current): 51-60, moderate symptoms, occ panic attacks, etc.
         AXIS VI (highest); 51-60, moderate symptoms, occ panic attacks, etc. The patient is responsible for all actions and is currently deemed at moderate risk of harm to self or others. Stressful situations, particularly close community quarters and combat, would likely exacerbate the patient’s current symptoms and place him at a higher risk for harm to self or others. The patient has committed to seek help should active suicidal/homicidal ideation develop, or should his condition otherwise deteriorate.
         Plan and Recommendations: Military: This member has depressive symptoms, which are in the context of a longstanding disorder of character and behavior, which is of such severity as to render the individual incapable of serving adequately in the USMC. Although not presently considered imminently suicidal or homicidal , he is judged to represent a continuing danger to self or other if retained in the USMC. Recommend expeditious administrative separation.

040819:  Recommendation from J. B. H_, LT, MC, USNR , Battalion Surgeon, 3D Battalion, 3D Marines. Recommendation : Expeditious administrative separation for personality disorder without 6105 counseling. Applicant’s personality disorder was judged to represent a continuing danger to self or others if retained in the USMC.
040920:  Medical evaluation by R_ T_, Psy D., LT, MSC, USNR, Mental Health Services, Makalapa Branch Medical Clinic - Pearl Harbor .
AXIS I: Mood disorder NOS.
AXIS II: Personality disorder NOS with antisocial, paranoid, and narcissistic traits.
AXIS III: No diagnosis.
AXIS IV: Routine military life.
AXIS V (current): 51-60 Moderate symptoms; occ panic attacks, etc.
AXIS V (highest): 51-60 Moderate symptoms; occ panic attacks, etc. The patient is responsible for all actions and is currently deemed at moderate risk of harm to self or others. Stressful situations, particularly close community quarters and combat, would likely exacerbate the patient’s current symptoms and place him at a higher risk for harm to self or others. The patient has committed to seek help should active suicidal/homicidal ideation develop, or should his condition otherwise deteriorate.
          Plan and Recommendations: Military: This member has depressive symptoms, which are in the context of a longstanding disorder of character and behavior, which is of such severity as to render the individual incapable of serving adequately in the USMC. Although not presently considered imminently suicidal or homicidal, he is judged to represent a continuing danger to self or other if retained in the USMC. Recommend expeditious administrative separation.

041004:  Non-medical assessment. Commanding Officer’s Comments: Since joining Kilo Company, Cpl M_(Applicant) has not participated in any company or battalion level live-fire training exercises. During the battalion’s medical stand-down period August 2004, the company senior corpsman, HM2 G_, noted that a psychologist in Chesapeake, Virginia had previously evaluated Cpl M_ and had recommended further treatment once he arrived in Hawaii. Based on this opinion, HM2 G_ felt a further psychological evaluation was warranted. On 18 August 2004, Pearl Harbor, Hawaii, he was diagnosed with “Mood Disorder” NOS, Personality Disorder NOS with antisocial, paranoid, and narcissistic traits (Primary Diagnosis) by Lt R_ T_. This Marine was judged to be a continued danger to himself and his fellow Marines if retained. He has subsequently been seen twice for continued support since the initial session and intends to continue until discharged. I personally believe that he should never have been sent to Hawaii with this condition and should not be deployed. As his commander, I feel that Cpl M_(Applicant) will continue to be a liability to the safety of the company and I do not have confidence in his ability as a team leader. I support the recommendations of the medical personnel and request an expeditious administrative separation.
041007:  Applicant notified of intended recommendation for general (under honorable conditions) discharge by reason of convenience of the government due to a personality disorder. Applicant informed the least favorable character of service possible is general (under honorable conditions).

041007:  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.

 041008:  Commanding Officer, 3d Battalion, 3d Marines recommended Applicant’s general (under honorable conditions) discharge by reason of convenience of the government due to a personality disorder. The factual basis for this recommendation was diagnosis of having a mood disorder not otherwise specified (NOS), personality disorder NOS with antisocial, paranoid, and narcissistic traits (Primary Diagnosis ) . Commanding Officer’s comments: “Due to his current psychiatric status, Corporal M_(Applicant) has effectively taken himself out of training immediately prior to deployment to a combat theater. Corporal M_ reported to this unit in July of this year. He sought and received psychiatric counseling four times at his previous command, 2d FAST Platoon, Marine Corps Security Forces Battalion, Yorktown. He has never been effective as an infantry Non-Commissioned Officer since reporting here, and has seen the psychiatrist an additional three times since coming to Hawaii. The psychiatric professionals have concluded that his behavioral actions render him incapable of serving adequately in the Marine Corps and that he is at risk of harming himself or others if retained. The Respondent’s actions clearly indicate unsuitability for future military service; therefore, I recommend that he be expeditiously discharged.”
041104:  Applicant awarded certificate of good conduct.

 050103:  SJA review determined the case sufficient in law and fact.

 xxxxxx :  GCMCA, Commander, 3d Marine Division , directed the Applicant's discharge with a general (under honorable conditions) due to a personality disorder. [Date unreadable]



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050112 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 but not equitable (B and C).

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A general (under honorable conditions) 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. The evidence of record did not indicate any misconduct, counselings or nonjudicial punishment proceedings. The Applicant’s proficiency and conduct marks, 4.4 and 4.3, respectively, reflect the Applicant’s faithful service. The Applicant’s award of a certificate of good conduct on 20041104 further reflects the Applicant’s faithful service. The Board could find no significant negative aspects in the evidence of record to justify the award of a general (under honorable conditions) discharge. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful honest and faithful service. Therefore, the Board voted unanimously that the Applicant’s character of service should be changed to Honorable. Relief granted.

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. 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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