Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600293
Original file (MD0600293.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. MD06-00293

Applicant’s Request
The application for discharge review was received on 20050913. 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 or a personal appearance before a traveling panel closest to San Diego, CA. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in Washington DC at the Washington Navy Yard. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061025 . 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 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 to the Board:

 “When I received my first page 11 I was abused physically and mentally and hazed by my c. o. in view of my 1st Sgt and co GySgt. The trouble afterwards was me trying to get help in the wrong way.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character Reference ltr from T_ K_, Service Company, 7 th Communication Battalion III MMG, III Marine Expeditionary Force Unit 35608, dtd April 10, 2003
 Character Reference ltr from Sgt. T_ D. B_, USMC, dtd April 10, 2003 (2 pages)
 Character Reference ltr from Cpl J_ G. T_, 7 th Communication Battalion, dtd April 09, 2003
 Ltr from Applicant, dtd April 02, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20010824 - 20011014      COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 20011015             Date of Discharge: 20030702

 Length of Service (years, months, days):

 Active: 01 08 18
          Inactive: None

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

 Age at Entry: 22

 Years Contracted: 5

 Education Level: GED                       AFQT: 73

 Highest Rank: LCpl                                  MOS: 2846

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (5)                                Conduct: 4.3 (5)
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge, National Defense Service Medal


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENERAL ( UNDER HONORABLE CONDITIONS ) /Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.

Chronological Listing of Significant Service Events :

030123:  NJP for violation of UCMJ, Article 108, 121, 130, 134.111:
         Specification: On 021215 at or about 2100, Cash Machine Room, Bldg #2654, Palms Club, Camp Hansen, Okinawa Japan, SNM (Applicant) was observed violation the following:
         108: Damage to Military Property ($100 or less): Forcibly prying open a Cash Machine and tilting Slot Machines rendering inoperable.
         121: Larceny and Wrongful Appropriation: SNM Wrongfully had in his possession one Slot Machine Maintenance Card and 27 gaming cards.
         130: Housebreaking: SNM was observed unlawfully entering the Cash Machine Room with the intent to commit a criminal offense.
         134.111: Unlawful entry: SNM was observed climbing over a wall and gaining access to the Palms Club’s Cash Machine Room.
         Award: Forfeiture of $300.00 pay per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-2. Not appealed.

030124:  Counseling: Advised of deficiencies in performance and conduct (NJP held on 030123. Charged and found guilty of violating the following Articles of the UCMJ: 108, 121, 130, and 134.111.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 030131   Diagnostic Impression:
Axis I:           No Diagnosis
Axis II:         Antisocial Personality disorder, Primary Diagnosis
Axis III:        No Diagnosis
Axis IV:         Legal Problems
Plan:
1.       This member is not suitable for continued military service secondary to Personality Disorder.
2.       Recommend Administrative Separation from the United States Marine Corps in accordance with U.S. Marine Corps Separation Manual 6202.3, NAVMILPERSMAN 1910-122.
3.        In accordance with the Maine Corps Separation Manual the psychiatrist recommends Administrative Separation on the basis of his chronic behavior characterized by repeated disregard for the rights of others as evidenced by behaviors that are grounds for arrest; impulsivity and not planning ahead; irresponsibility, and lack of remorse. While this Marine is not imminently suicidal or homicidal his retention in the Marina Corps presents a continuing danger of harm to himself or others. His condition is of such severity that the Marine’s ability to function safely and effectively in the military environment is significantly impaired. Further, it is assessed that this member has failed to adapt to the military environment and future successful adaptation is not possible for him. His personality disorder is not considered amenable to conventional psychiatric care, nor will transfer to another assignment; disciplinary action, training, nor reclassification to another MOS resolve it. It is therefore strongly recommended that the Marine be processed for Administrative Separation from the Marine Corps.
4.       The member should be ordered to not handle firearms or other weapons while in the U.S. Marine Corps.
5.       The member is to follow up with Division Psychiatry until discharge. The member is currently prescribed the medication Prozac 20 mg once daily to target impulsivity and should follow up with mental health after discharge from the USMC.

030310:  Counseling: Advised of deficiencies in performance and conduct (Recent diagnosis of an Antisocial Personality disorder.), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.

 030404:  Applicant notified of intended recommendation for discharge as general ( under honorable conditions ) by reason of the convenience of the government due to a personality disorder. The factual basis for this recommendation was the 030131, evaluation with the III MEF division psychiatrist, where the Applicant was diagnosed with a personality disorder by LCDR C_ B_, Division Psychiatrist, U. S. Naval Hospital, Okinawa, Japan, as seen in enclosure (1). Applicant informed the least favorable cha racter of service possible was general ( under honorable conditions).
030407:  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. Applicant choose to include statements in rebuttal.
030407:  Counseling: Advised of deficiencies in performance and conduct (Violation of the III MEF Liberty Campaign Plan. Specifically, on 030405 at 2315, Ishikawa City, Okinawa Japan, Japanese Police observed the Applicant climbing a power plant/telephone pole. When their efforts failed to convince the Applicant to come down, they called Camp Hansen Military Police to assist. The Applicant again failed to comply with Camp Hansen’s Military Police request for you to get down. After talking to the Company First Sergeant via cell phone, you agreed to get down from the pole.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 030418:  Commanding Officer, 7 th Communication Battalion, III, MMG, III Marine Expeditionary Force, recommended to Commanding General, III Marine Expeditionary Force, that the Applicant be discharged with a general u nder honorable conditions characterization by reason of convenience of the government due to a personality disorder. The factual basis for this recommendation was the diagnosis of a personality disorder not otherwise specified with antisocial traits as seen in enclosure (4). By Private First Class T_ W. N_ (Applicant)’s actions, and statements as recorded in enclosure (5) and (6). Private First class N_(applicant) has demonstrated that he is unable to conform to military standards and has no potential for further military service.

030506:  GCMCA, Commanding General, III Marine Expeditionary Force, directs the discharge and notifies the Commandant of the Marine Corps (MMSB), that the Applicant was being discharged general under honorable conditions by reason of misconduct.
030510:  The Applicant was placed in Pretrial Confinement.
030519:  Counseling: Advised of deficiencies in performance and conduct (Violation of the following Articles of the UCMJ: 91-Willfully disobeying a commissioned officer, 92-DUI refusal, 92-Driving without a Operator’s Permit, 95-Resisting arrest, 108-Damage of government property, 111-Drunken operation of a vehicle, 121- Larceny, 134.73 Drunk and disorderly, 134.111-Unlawful entry. Specifically, on 030510 at 0205, Applicant was apprehended by military police on patrol. Applicant gained unlawful entry into the 7 th Communication Battalion’s Motor pool. Once inside, while under the influence of alcohol and without being properly licensed, began to operate a HMMWV in a very reckless manner. The result of this infraction caused $7,033.88 in damages to the military vehicle. Due to inability to cooperate with military police, you had to be apprehended through the use of force.), advised of pending court martial.

030522:  NJP imposed and suspended on 0301423 for a period of 6 months is hereby vacated and the punishment is ordered executed this date.

 030702:  The Applicant was discharged.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030702 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) . The Board presumed regularity in the conduct of governmental affairs (D).

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 he was “physically and mentally hazed” by his Commanding Officer in the presence of his First Sergeant and Company Gunnery Sergeant . The record, however, contains no evidence of any wrongdoing by the Applicant’s Commanding Officer or anyone else for that matter in the discharge process . The Board presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary . As such, this Board presumed that Applicant’s discharge was regular in all respects . Relief denied.

 The Applicant requests upgrade of the characterization of his service . 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 . The Applicant’s service was marred by a retention warning, a vacation of suspended punishment for continuing misconduct, and one nonjudicial punishment proceedings for violations of UCMJ Articles 108 (damage to military property of a value of $100 o r less), 121 (larceny), 130 (housebreaking, and 134 (unlawful entry) . Violations of Articles 121, 130, and 134 are considered serious offense s for which a punitive discharge is authorized at courts 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 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

Similar Decisions

  • USMC | DRB | 2005_Marine | MD0501126

    Original file (MD0501126.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Applicant was referred by medical officer for evaluation of depression. The staff psychiatrist recommends expeditious separation based on a continuing danger to himself and others.

  • USMC | DRB | 2005_Marine | MD0501221

    Original file (MD0501221.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). ), necessary corrective actions explained, sources of assistance provided.011120: NJP for violation of UCMJ, Article 92: Specification 1: In that PFC G_ H. B_ (Applicant), did, on board Camp Hansen, Okinawa Japan, on or about 0230, 2 November 2001, failed to obey a lawful general order, to wit: by wrongfully consuming alcohol under the legal...

  • USMC | DRB | 2006_Marine | MD0600169

    Original file (MD0600169.rtf) Auto-classification: Denied

    The discharge shall remain as a bad conduct discharge by reason of court-marital. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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 86 (unauthorized absence for more than 30 days).

  • USMC | DRB | 2006_Marine | MD0600137

    Original file (MD0600137.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT FOR OFFICIAL USE ONLY ex-Cpl, USMC Docket No. 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 distress040818: Medical evaluation by R_ T_, Psy D., LT, MSC, USNR, Mental Health Services, Makalapa Branch Medical Clinic - Pearl Harbor. During the battalion’s...

  • USMC | DRB | 2005_Marine | MD0501277

    Original file (MD0501277.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Re-2 for re-enlistment.” The Applicant requests a documentary record discharge review. I recommend LCpl T_(Applicant) receive and Honorable characterization of service upon his discharge.” 920908: SJA returned the Commanding Officer’s recommendation for Applicant’s administrative discharge indicating that the...

  • USMC | DRB | 2005_Marine | MD0501066

    Original file (MD0501066.rtf) Auto-classification: Denied

    [signed] E_ J_ V_ (Social Security number deleted)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Medical Board Report, dtd March 28, 2003 (4 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 20000203 - 20000409 COG Active: None Period of Service Under Review :Date of Enlistment: 20000410 Date of Discharge:...

  • USMC | DRB | 2006_Marine | MD0600696

    Original file (MD0600696.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ convenience of the government.” The Applicant requests a documentary record discharge review. B. M_, Jr, Colonel, Retired, U. S. Army, undatedApplicant’s DD Form 214 (Service 2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 20010420 -...

  • USMC | DRB | 2005_Marine | MD0501040

    Original file (MD0501040.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions). PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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...

  • USMC | DRB | 2002_Marine | MD02-00648

    Original file (MD02-00648.rtf) Auto-classification: Denied

    SNM was then released several days later when found SNM was infact no danger to himself or others, still it was recommended by the Naval doctors of SNM command that SNM be administratively separated from the Marine Corps. The factual basis for this recommendation was psychiatrist's recommendation for administrative separation due to a personality disorder. The Board reviewed the Applicant's service and medical records to determine the propriety and equity of the separation process.

  • NAVY | DRB | 2004 Marine | MD04-01206

    Original file (MD04-01206.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I take a lot of pride in the fact that I was a Marine, and if the saying holds true, Once a Marine, Always a Marine, I want to know my time in service was considered Honorable.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: Applicant’s DD Form 214 Standard Form 180 PART II - SUMMARY OF SERVICE...