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USMC | DRB | 2006_Marine | MD0600249

Original file (MD0600249.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. MD06-00249

Applicant ’s Request

The application for discharge review was received on 20051129 . 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 20061012 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no imp ropriety 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’m requesting and upgrade to honorable, because I now know what it takes to be sucessful as an human-being and a de dicat d Marine. I realize Iv’e made a mistake during my active duty, and is asking for forgiveness. I am currently enrolled in college, for “nursing” and with the help of the Armed Forces, I can gain the knowledge to treat and help people. ”

Documentation

Only the service record book and medical record were reviewed . The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

         Inactive: USMCR (DEP)    19920919 - 19921028       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19921029              Date of Discharge: 19960308

Length of Service (years, months, days):

Active: 0 3 0 4 1 0 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 31
         Confinement:              None

Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 34

Highest Rank: LCpl                                   MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 3 . 7 ( 10 )                                Conduct: 3.7 ( 1 0)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Marksman Badge, Natio nal Defense Service Medal, Sea Service Deployment Ribbon, Letter of Appreciation , Armed Forces Expeditionary Medal, United Nations Medal

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 :

931208: Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Dec ember 1993 because of poor judgment . Applicant chose to make a statement. Statement not found in record.

940511 : NJP for violation of UCMJ, Article 92: At KiloCo, BLT 3/6, that on or about 1245, 10 May 94, LCpl E_( Applicant ) failed to obey a lawful regulation, to wit: U.S. Navy Regulation 1990, Chapter 1162, by wrongfully possessing an alcoholic beverage on board a U.S. Naval vessel.
         Award: Forfeiture of $ 226.00 per month for 1 month, restriction and extra duty for 7 days . Forfeiture suspended for 3 months. Not appealed.

940706: Applicant to unauthorized absence at 0630 on 940706. [Extracted from NJP dated 940830.]

940708: Applicant from unauthorized absence at 0900 on 940708 (2 days). [Extracted from NJP dated 940830.]

940830 : NJP for violation of UCMJ, Article 92: At KiloCo, BLT 3/6, on or about 0800, 2 Jul 94, LCpl E_( Applicant ), while on annual leave, through neglect failed to obey a lawful order, by failing to notify and providing command of a current recall phone number, as it was his duty to do.
Violation of UCMJ, Article 86 : At KiloCo, BLT 3/6, on or about 0630, 6 Jul 94, until 0900, 8 Jul 94, LCpl E_( Applicant ), K.B. failed to go to appointed place of duty, to wit: Camp Lejeune, NC as it was his duty to do.
         Award: Forfeiture of $ 226. 00 per month for 1 month, restriction and extra duty for 14 days. Not appealed.

941017: Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of November 1994 because of an NJP dated 940915. Applicant chose not to make a statement.

950117: Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of February 1995 because of an NJP dated 940915. Applicant chose not to make a statement.

950826: Medical evaluation at Office of the Division Psychiatrist, 2d Marine Division, Camp Lejeune, North Carolina .
         AXIS I: Alcohol dependence.
(1)      Tolerance.
(2)      Use to avoid withdrawal symptoms.
(3)      Binge drinking.
(4)      Failed effort at control.
(5)      Use despite blackouts.
         AXIS II: Antisocial personality disorder.
(1)      History of conduct disorder; a manifested by:
a.       Fire setting.
b.       Shoplifting.
c.       Truancy.
d.       Fighting.
(2)      Failure to conform to social norms with respect to lawful behavior as indicated by repeatedly performing acts that are grounds for arrest or NJP.
(3)      Impulsivity.
(4)      Irritability and aggressiveness.
(5)      Reckless disregard for safety of self or others.
(6)      Consistent irresponsibility.
Psychiatrist concluded that the pattern existed prior to enlistment and is likely to continue even beyond military discharge. Applicant’s personality disorder leaves him at chronic risk for potentially suicidal or homicidal behavior with continued exposure to the stressors common to life in the Marine Corps. Psychiatrist strongly recommended immediate processing of administrative separation for personality disorder.

951002: Applicant to unauthorized absence at 0530 on 951002.

951024: Applicant from unauthorized absence at 1815 on 951024 ( 2 2 days/surrendered).

951026: Medical Evaluation by Lt G_ W. L_, MC, USNR: 23 year old LCpl referred by chaplain for S.I. Marine has recurrent dreams & thoughts of killing self & others. Has previous gesture of holding loaded gun to head .. . Has smoked pot in last 6 months.
         Recommendations :
         1. Positive SI/HI: will refer to division.
         2. Has aspects of both borderline and antisocial personality disorders.
         3. Questionable impulse control.
         4. STD: Given 250 [unreadable] IM & Doxy 100 A BID. Already been to Bldg. 65.

95102 6 : Division Psychiatrist, K_ A. C_, LT, MC, USNR , evaluation: 23 year old single black male, active duty, Marine Corps, LCpl with over 3 years CAD presents for evaluation of suicidal potential and homicidal potential.
         HPI: Pt has developed suicidal and homicidal thoughts in the setting of conflicts with superiors in his command. He has just returned from 24 days UA, 2 days ago and expressed suicidal thoughts to 1stSgt who referred him to 6th RAS. He is not intending to kill himself at this time but worries about his own impulsivity: 6 wks ago he held a loaded 9mm pistol to his head but was stopped by a friend. He also thinks about killing his superiors at the rifle range, although he has not ever fired a shot at another person. He has 8 charges PND at this time and history of 2 prior NJPs and 2 prior arrests. In addition to reportedly violating the law, he is impulsive, irresponsible , irritable and aggressive, reckless. His behavior problems predate enlistment: H e formerly set fires as a child, shoplifted, fought repeatedly and cut school. In addition, he reported problems controlling his ETOH intake. He generally drinks a “40” every night and goes through a six pack of beer ( or two) and a box of wine per night each weekend. He sometimes drinks in the AM to head off his hangovers (or withdrawal symptoms ? ), binge drinks, and has a history of blackouts.
         Impression: Not mentally but severely character disordered.
         AXIS I: ETOH dependence.
         AXIS II: Antisocial personality disorder.
         Not hospitalizable as not imminently suicidal and unwilling to go voluntarily.
         Hospitalization will not change his character disorder.
         No weapons or ammunition.
         Admin Sep.
         Consider close supervision by NCO.
         Return to clinic in 2 weeks.
         Discussed with Dr. L_ and Capt B_(Co. Cmdr).

951027: Consolidated Drug and Alcohol Center, Marine Corps Base, Camp Lejeune, NC: Applicant signed statement of understanding of treatment for alcohol/substance dependence treatment at a Veterans Administration Medical Center. Applicant did not request treatment in conjunction with discharge.

951103: NJP for violation of UCMJ, Article 92: LCpl E_( Applicant ) disobeyed a lawful order by leaving Camp Wilson, when ordered not to.
Violation of UCMJ, Article 92: LCpl E_( Applicant ) disobeyed a lawful order by consuming alcohol, when ordered not to.
Violation of UCMJ, Article 92: LCpl E_( Applicant ) disobeyed a written on or about 13 September 1995, by wearing an earring, which is in violation of MCO P1020.34F par 1005.A.
Violation of UCMJ, Article 92: LCpl E_( Applicant ) disobeyed a written order on or about 0645, 18 September 1995 by wearing an earring, which is in violation of MCO P1020.34F par 1005.A.
Violation of UCMJ, Article 86: UA(AWOL) fr his appointed place of du on or about 0530, 950913, to wit: Kilo Co formation.
Violation of UCMJ, Article 86: UA(AWOL) fr 951002 to 951024.          Award: Forfeiture of $478.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. Not appealed.

951108: Medical evaluation by Division Psychiatrist, 2d Marine Division, Camp Lejeune, North Carolina concluded that the Applicant appeared to have alcohol dependence and antisocial personality disorder. Recommends administrative separation.

960109: Applicant to unauthorized absence at 0631 on 960109.

960118: Applicant from unauthorized absence at 0730 on 960118 ( 9 days/surrendered).

960125 : NJP for violation of UCMJ, Article 86 : UA(AWOL) from 0631, 960109 to 0730, 960118.
         Award: Forfeiture of $ 3 00 .00 per month for 1 month, restriction for 6 0 days, reduction to E- 1 . Reduction suspended 6 months. No t appealed.

960201 : Counseling: Advised of deficiencies in performance and conduct ( Psychiatric diagnoses from the Division Psychiatrist. ), and advised being processed for administrative discharge action.

960221 : Applicant notified of intended recommendation for 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 from the Division Psychiatrist dated 950826 . Applicant informed the least favorable character of service possible was as under honorable conditions (general ).

960221 : 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.

960221 : Commanding Officer, 1 ^st Battalion, 6 ^th Marines, 2d Marine Division, 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 respondent’s diagnosis on 950826 . Commanding Officer’s comments: “ Based upon enclosures (2) through (7), it is my opinion that an under honorable conditions (General) discharge is warranted. Retention of the respondent would adversely affect the morale, discipline and military effectiveness of this organization. ”

960223 : Commanding Officer, 6 ^th Marines, 2d Marine Division, forwarded the recommendation for separation to Commanding General, 2d Marine Division, recommending approval .

960228 : SJA review determined the case sufficient in law and fact.

960304 : GCMCA, Commanding General, 2d Marine Division, directed the Applicant 's general (under honorable conditions) discharge 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 19960308 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 t o 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. The Applicant’s service was marred by four nonjudicial punishment proceedings for violations of Articles 86 and 92 of the UCMJ, including a 22-day period of unauthorized absence. The Applicant also admitted to a medical professional on 19951026 that he had used illegal drugs during his enlistment, a violation of Article 112a of the UCMJ. Violations of Articles 92 and 112a are serious offenses for which a punitive discharge is authorized if adjudged as part of the sentence upon conviction at 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 Marine Corps and falls far short of that required for an upgrade of his characterization of service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief is not warranted.

The Applicant implies that his discharge should be changed due to his post-service accomplishments. 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 any 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 P1900.16E), effective 18 Aug 95 until 31 August 2001.

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 or Article 112a, wrongful use of a controlled substance.

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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USMC | DRB | 2006_Marine | MD0600249

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