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USMC | DRB | 2006_Marine | MD0600173
Original file (MD0600173.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. MD06-00173

Applicant’s Request
The application for discharge review was received on 20051103. 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 20060908 . 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 General (Under Honorable Conditions) by reason of convenience of the government due to condition not a disability.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application to the Board:

 “Due to lack of maturity I ( A_ D. G_ (Applicant)) was put in a very hostile environment. I have two take responsibility for my Actions while your beloved U.S.M.C. I hope w take under consideration the fact that no rank or displinary action has been taken to warrant less than a honorable discharge.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Certification of Military Service

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    1991040 5 – 19911111               COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19911112             Date of Discharge: 19930611

 Length of Service (years, months, days):

 Active: 01 07 00
         Inactive: None

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

 Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 36

 Highest Rank: LCpl                                  MOS: 3381

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (4)                                Conduct: 4.4 (4)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Meritorious Mast (2), Letter of Appreciation (2)


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENERAL ( UNDER HONORABLE CONDITIONS ) /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 :

9207 29 :  Medical Entry: Mental Health Department, Naval Hospital Twentynine Palms, LCDR F. E. P_, MC, USN. Applicant seen due to ingesting 20 Naprosyn tablets. Provisional Diagnosis: Suicide Gesture. Consultation report: Briefly interviewed with pt in ER. Has been feeling bad about himself, decided he needed to hurt himself, had vague intent to die but turned himself in. Reports of history of other “attempts” stopped by friends. No attempts, no (illegible). Reports not trying to get out of USMC. When offered inpatient no (illegible). Agreed readily to no acting out in suicide. No evidence of bipolarism, no (illegible) or acute depression symptoms. Reports mood as essentially down. (I llegible) self concept problems.
         Impression: R/O Personality disorder
         Recommendation:  1. Cleared medically .
                                    2. T o barracks for night in observed stat e.
         3. T o M ental H ealth at 0800 for full evaluation. Not an acute suicide risk.
92073 0 :  Medical Entry: Mental Health Department, Naval Hospital Twentynine Palms, LCDR F. E. P_, MC, USN. SNM interviewed (illegible). Has clear _ history, no depression or suicide. Joined USMC to “find” himself. Here at MCAGCC 8 days. Hates it, is on cook duty enjoys that work. Wants out of USMC. Thought the gesture would do it. (Illegible) responsive male with no pathology. Listens (illegible). N o depression symptoms. Sleeps, eats fine. Good (illegible).
         Impression: (Illegible) leaving home, adjusting to military /desert
         Recommendation: Fit for duty. Not suicidal . T old any further gestures will serve brig time. Counseling at M ental H ealth offered , but unnecessary. SNM will likely o pt to be miserable , hate military, become disciplinary problem.
920803:  Medical Entry: Mental Health Department , Naval Hospital Twentynine Palms , LT J_ V. K_, MC, USNR (Psychiatrist) : The patient was brought by his Sgt for urgent evaluation. 2’ to “depressed” appearance & behavior @ the command. He was interviewed an d Dr P_ ’s consults dated 30 & 31 July were reviewed since Dr. P_ is on leave. The p t is very discouraged 2’ to dislike of the USMC and “hating life ” here @ 29 Palms. He has felt like this before, parti cularly during high school. No sleep or appetite disturbances . No EtoH or Drugs. No suicidal ideation since gesture last week. He has not isolated himself & has supportive friends. Sgt who he talked to . (+) future (illegible) to college /career in business. Has close relationship mother (maybe t oo close) who he promised not to harm himself. His affect became more cheerful as the interview progressed and endorsed “feeling better from talking.” He did not feel he need to be in a hospital and denied suicidality. He readily verbally contracted for his own safety. (Illegible) no major (illegible) disorder, R/O personality disorder if difficulties persist over time. RTC weekly x 4 weeks for Stress Management Class and PRN suicidality (also tomorrow am).

920831:  Counseling: Advised of deficiencies in performance and conduct (Ingesting twenty Naprosyn tablets without authorization from a medical doctor) . N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
921201:  Applicant receives Meritorious Mast x 2 (NFI).

921207:  Applicant receives Letter of Appreciation (NFI).
921208:  Medical Entry: Medical Department, Marine Wing Support Squadron 173, MCAGCC Twentynine Palms, CA (provider name illegible) : 19 year old male bought by S gt Maj of the Squadron to SAS who has suicidal tendencies and homicidal tendencies. Patient express e s (illegible) and depression for w or k so much so that he wanted to kill himself or kill anybody thats will (illegible) on his nerves. Pt shows good eye contact and remain calm during conversation. Referred to ER (Dr. G_) .

921208:  Mental Evaluation , LT K_ D. G_, MC, USNR, Psychiatrist, Mental Health Department, Naval Hospital, Twentynine Palms, CA : Applicant states he will kill all his NCO’s and “ anybody that gets on my nerves. ” “They degraded me until don’t give a f ___ . ” W ill do “minute I get that M-16 back in my hand.” Will not state names (illegible ) . Will not state where. Doesn’t care about going to jail. Driven him to attempt suicide. Calling him crazy , verbally “talking at me.” Claims he feels fine. Denies depression, sleeps well eats well/stable weight, plenty of energy – plays bb (illegible) libido good. Used to beat up girlfriend (illegible). Frequent fights at home. Ø EToH or drugs. Ø meds. (Illegible). States he will definitely kill 6 NCO’s (illegible). States he is no in any way suicidal. States all 6 NCO’s aware of his intent. MSE Alert. 0 x 4. (Illegible.) Mood “fine”. Affect (illegible) Laughs and smiles. Angry. Judgement poor (illegible) … feels NCO’s vs. him. (Illegible) Assessment Acute homicidal risk, Antisocial/Borderline p.d. Plan Spoke w Sgt Major and will send (Applicant) in custody (illegible) t o be under command custody. Rec ’d AdminSep, will send letter.

921209:  Letter from LT K_ D. G_, MC, USNR, Psychiatrist, Mental Health Department, Naval Hospital, Twentynine Palms, CA to CO, MWSS 173, MCAGCC .
 Subj: LCpl A_ D. G_ (Applicant) :
 1. The subject member was initially evaluated and released to your command on 29 July 1992 following which he has been seen on 30 July, 3 August, 4 August, and 8 December by 2 psychiatrists and 1 psychologist.
2. PRIMARY DIAGNOSES: Antisocial Personality Disorder
(DSM-III-R #301.70) and Borderline Personality Disorder
(DSI4-III-R #301.83)
This member presented with a suicidal gesture and had several contacts with Mental Health for command concerns over suicidality. Questions were raised if member manifested a personality disorder. He presented a request to the SGTMAJ on 8 December 1992 stating he was intent on killing 6 NCOs when he got the chance. He has plans to shoot them when they are in the field next time. It is my opinion he is dangerous and unsuitable for service. Further threats would be best dealt with by following the UCMJ.
3. PRIMARY RECOMMENDATION: The member is not considered to be mentally ill, (no medically boardable condition), but manifests a long-standing disorder of character and behavior which is of such severity “as to render this individual unsuitable for continued military service in the U.S. Marine Corps. He does not presently require, and will not benefit from-hospitalization. Short-term psychiatric treatment for this condition is of no benefit, and long-term treatment is not available within the military. This member is judged to represent a risk to self or others if retained on active duty, especially in view of his history of suicidal and homicidal ideation. He is deemed fit for return to duty for immediate processing for administrative separation, which should be handled expeditiously in compliance with the U.S. Marine Corps separation Manual 6203.3. It is also recommended that he not have access to any weapon nor be involved in field work. The patient should be placed in a non-deployment status. SNM is fully responsible for all his actions.

930107:  Ltr from Chief Warrant Officer 2 J. M. H_, to CO, MWSS 173.
Subj: Preliminary Inquiry to Determine Fitness for Retention or Discharge: Case of LCpl A_ D. G_ (Applicant) . Inquiry Officer’s comments: “ LCpl A_ D. G_ (Applicant’s) disorder of character and behavior are prejudicial to the good order and discipline within the Marine Corps. In my opinion, LCpl A_ D. G_ (Applicant) does not possess the self-discipline, commitment, or potential to develop into a Marine capable of upholding the high standards of conduct and proficiency expected of him.” Recommends discharge with characterization of service as honorable.

930122:  Memorandum to the Record from S-4 Officer.
          Subj: LCpl A_ D. G_ (Applicant). Rates Applicant’s “potential for continued service as inadequate. LCpl A_ D. G_ (Applicant) has proven that he lacks the discipline required to adhere to the strict regulations and standards of conduct inherent to the United States Marine Corps. LCpl A_ D. G_ (Applicant) attempted suicide by way of drug overdose. In addition, LCpl A_ D. G_ (Applicant) threatened the life of his seniors were he to possess a loaded weapon.” Recommends discharge.

930122:  Letter from Gunner y Sergeant M. V. R_ to CO, MWSS 173 .
         Subj: LCpl A_ D. G_ (Applicant) . Describes Applicant’s performance in MWSS-173 Field Mess as “a type of roller coaster ride”. Field Mess training hours were a “difficult culture shock”. Suicide attempt required that Applicant be “watched by Field Mess personnel with a 4 hour watch”. After counseling Applicant “started an uphill climb to becoming a good Marine. Then LCpl G_ (Applicant) overheard a conversation which offended him and would not wear his uniform. LCpl G_ (Applicant) was counseled and complied. Then LCpl G_ (Applicant) was on another uphill climb. LCpl G_ (Applicant) did his job well and would always ask questions and try his best to accomplish missions. LCpl G_ (Applicant) has a hard time to tell people what’s wrong as far as personnel problems. It takes senior Marines quiet a bit of questioning to get LCpl G_ (Applicant’s) problems. LCpl G_ (Applicant) tends to hold on to his problems causing emotional problems and confusion. When a problem arises such as possible deployment to other countries or field time LCpl G_ (Applicant) goes into a type of emotional draw back and goes into a depressive state. LCpl G_ (Applicant) could handle his emotions and mood swings he could be a good Marine but he has problems with conveying whats wrong. LCpl G_ (Applicant) can perform as a Marine but lets the little things in life stop him from achieving a good Marine Corps.” Opines that Applicant is “too unstable emotionally and has a hard time to adjust to the every day changes and lifestyles of the U.S. Marine Corps”. Recommends discharge.

930319:  Applicant notified of intended recommendation for discharge by reason of convenience of the government, specifically, personality disorder with a characterization of service as General ( U nder H onorable Conditions ) . The factual basis for this recommendation was failure to conform to standards of the Marine Corps. On 31 August 1992 Applicant counseled for ingesting twenty Naproysn tablets without authorization from a medical doctor. On 9 December 1992 Applicant received Psychiatric Evaluation and recommendation for discharge.

930331:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

 930331:  Commanding Officer, Aviation Ground Support Element, recommended to Commanding General , 3d Marine Aircraft Wing, that the Applicant be discharged by reason of convenience of the government , personality disorder with service characterized as General (Under Honorable Conditions) . Commanding Officer’s comments: “Private First Class G_ (Applicant) was diagnosed by Lt G_, a psychologist at MCAGCC Mental Health Department, as unsuitable for continued military service. It was recommended he not have access to weapons and be placed in a non-deployable status. I agree with the psychological diagnosis and recommendations of the preliminary inquiry to expeditiously separate.”
930331:  Counseling: Advised of deficiencies in performance and conduct (Failure to conform to standards of the Marine Corps). Necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative separation .
930412:  Commanding Officer, Marine Wing Support Group 27 forwards recommendation for discharge, recommending Applicant be discharged with service characterized as General (Under Honorable Conditions).
930525:  Counseling: Advised of deficiencies in performance and conduct (Threating to kill your NCOs) . N ecessary corrective actions explained, sources of assistance provided, and advised being processed per MCO P1900.16D par 6203.3 for administrative discharge.
930526:  GCMCA, Commanding General, 3d Marine Aircraft Wing, approves Applicant’s discharge for Personality Disorder characterized as General (Under Honorable Conditions) .


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930611 by reason of convenience of the government due to 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).

The Applicant implies that he did not have a personality disorder, but that rather his behavior leading to discharge was “ D ue to lack of maturity”. The Board found that the A pplicant was diagnosed with "Antisocial Personality Disorder” and “Borderline Personality Disorder” by competent medical authority on 19921208 at the Mental Health Clinic, Naval Hospital, Tweny-Nine Palms, CA, and was recommended for expeditious administrative separation from the Marine Corps. Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge. The implication that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Relief denied.

Applicant requests that the Board consider an upgrade to his discharge because of the “ fact that no rank or displinary action has been taken to warrant less than a honorable discharge.” After a complete review of the entire record, including the evidence submitted by the Applicant, the Board found that the Applicant’s characterization of discharge was appropriate. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. Characterization of service as general (under honorable conditions) 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 Applicant’s service was marred by a retention warning, and counseling for threatening to kill 6 noncommissioned officers. The NDRB advises the Applicant that certain serious offenses warrant separation from the Marine Corps in order to maintain proper order and discipline. Communicating a threat is a violation of Article 134 of the UCMJ and is considered a serious offense for which a punitive discharge is authorized if adjudged at a special or general court-martial. 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 servi ce. 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. 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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