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USMC | DRB | 2006_Marine | MD0600417
Original file (MD0600417.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD06-00417

Applicant’s Request
The application for discharge review was received on 20060119 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) . The Applicant also requests a Narrative Reason change . 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 20070103 . 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 Uncharacterized by reason of convenience of the government due to a personality disorder.









PART I - ISSUES AND DOCUMENTATION

Decisional Issues :

Equity: Family issues

Equity: Youth and immaturity
Documentation:
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Death Certificate , Borough of Roselle Park, NJ, dtd December 13, 1996
Ltr from Applicant, dt d December 17, 2005 (2 pages)
 Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19931102 - 19940404       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19940405              Date of Discharge: 19941129

Length of Service (years, months, days):

 Active: 00 0 7 24 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 27 day s
         Confinement:              None

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 74

Highest Rank: Pvt                                    MOS: 9971 (Basic Marine)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 0 ( 2 )                                Conduct: 3.9 ( 2 )

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


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNCHARACTE RIZED /INVOL DIS (PERSONALITY DISORDER), authority: MARCORSEPMAN Par. 6203.3.
Chronological Listing of Significant Service Events :

940714 :  Counseling: Advised of deficiencies in performance and conduct ( Concerning your substandard physical performance as evidenced by your lack of strength and endurance. Your lack of strength and endurance interferes with the effective performance of duties. At this time, you are unable to participate in training which includes even minimal amounts of physical exertion. You may be suffering from a physical condition or injury beyond your control. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
940715:  Mental Health Services Outpatient consultation Report: The patient was referred for an evaluation of dysphoria.
         History of Present Illness: The patient reported that since joining the military he has had symptoms of agitation, as well as depression. The patient reported that he no longer wants to be in the military and that he has had a difficult time adjusting to the rigors of military life.
          Diagnosis:       AXIS I: 1. 309.28, adjustment disorder, with mixed emotional features.
                                     2. rule out major depressive episode, recurrent.
                                    3. rule out attention deficit disorder, residual.
                            AXIS II: Dependent personality traits.
          Summary and Recommendations: It is recommended that the patient be given an entry level separation on his difficulty in adapting to the constraints of military life. It is this provider’s impression that this individual has given up and lost his motivation for continue d service. The patient was notified that this recommendation would be made and that it would be up to his unit to make the final decision regarding this disposition.
         The patient is not suicidal or homicidal and is responsible for his behaviors. He is returned to Admin Company as unsuitable for further military training on the basis of his failure to adapt. It is quite possible that the patient has had an ongoing illness which pr ec ede d his entry into military life. This may introduce the possibility of an erroneous enlistment, but further history will need to be gathered in ordered to make this determination. While the patient has been in the military for only 3 months, it is quite obvious that he is unable to respond effectively to the structure and regimen associated with the Unite d States Marine Corps.
          While awaiting final disposition, the patient will be involved in group therapy in order to help him maintain his behavior. The patient has been advised of the above recommendations and agrees with the contents of this report.
940717 :  Applicant to unauthorized absence at 1500 .
940718 :  Applicant from unauthorized absence at 1600 ( 1 day/surrendered).
940801:  Counseling: Advised of deficiencies in performance and conduct (Your adjustment disorder which is so severe that it adversely affects yours ability to function effectively in a military environment and your unsatisfactory performance and conduct which is evidenced by your lack of reasonable effort and failure to adapt to the Marine Corps environment.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
940816:  L et t e r from D. G. R_, LCDR MC USNR, Staff Psychiatrist, Naval Hospital, Camp Lejeune:
          SNM (Applicant) has been thoroughly evaluated in the Mental Health Clinic. It has been determined that SNM endorses symptoms consistent with the following diagnoses:
 Axis I: Adjustment Disorder with Mixed Emotional Features
Axis II: Personality Disorder NOS (Passive-aggressive and immature features)
SNM (Applicant) is not mentally ill and is responsible for own behavior. However, SNM is having extreme difficulty in adjusting to the military environment and appears to be totally UNSUITABLE for military service. As SNM has been in the USMC for less than 6 months, it is recommended that local command expeditiously pursue processing of administrative separation IAW MARCORSEPMAN par 6205 (ENTRY-LEVEL SEPARATION), based on failure to adapt. Should you be unable to process in accordance with above paragraph, it is recommended that he be administratively discharged IAW MARACORSEPMAN par 6203.3 based on his personality disorder which is so severe that his ability to function effectively in the military environment is significantly impaired. He does not require and will not benefit from psychiatric hospitalization. He has made a poor adjustment to the demands of military service despite appropriate leadership, counseling, discipline or other appropriate methods. He has been offered supportive follow-up by Mental Health pending administrative separation.
         Pending administrative separation, SNM should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties. Full report of assessment will be forwarded to SNM’s health record.

940817:  Applicant to unauthorized absence at 1830 .

940912:  Applicant from unauthorized absence at 1500 ( 26 days/surrendered)
940930:  Applicant notified of intended recommendation for discharge as uncharacterized by reason of convenience of the government on the basis of a personality disorder. The factual basis for this recommendation was demonstrated inability to adjust to military life and unsuitability for further military service as manifested by your incapacity to overcome the personality disorder which adversely affects your ability to function effectively in a military environment . Applicant informed the least favorable character of service possible was uncharacterized.

940930:  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.

941006 :  NJP for violation of UCMJ, Article 86 : Unauthorized absence from 1830, 940817 to 1500, 940912 from AdminCo, SOI, MCB, Camp Lej e une, NC.
         Award: Forfeiture of $ 416. 00 pay per month for 2 month s , restriction for 45 days. Not appealed.
941017:  Commanding Officer, School of Infantry, MCB, recommended an uncharacterized discharge by reason of convenience of the government on the basis of a personality disorder.
941118:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1600, 941101 to 1410, 941102 from AdminCo, SOI, MCB, Camp Lej e une, NC.
 Award: Forfeiture of $194.00 pay per month for 1 month. Not appealed.
941121:  Commandi ng General , Marine Corps Base, Camp Lejeune, informed the Commandant that the Applicant will be discharged with an uncharacterized by reason of Convenience of the Government due to personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19941129 by reason of convenience of the government due to a personality disorder (A) with a service characterization of uncharacterized. 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).
By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a service member’s performance or conduct that would merit another characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his short enlistment to warrant a higher characterization. No relief is granted.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

Equity – Family issues: The Applicant requests an upgrade, offering that his “life spiraled, [his] girl [he left] behind found out she was pregnant, she wanted [him] home for her, [his] grandmother was very ill and she passed away in 1995.”

While the Applicant may feel that his family issues back home were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. Indeed, the Applicant record contains two nonjudicial punishment proceedings for violation of UCMJ Article 86 Unauthorized absence. 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 on this basis is denied.

Equity – Youth and immaturity: The Applicant informs the Board that he was “young, stupid and thought [he] knew it all.”

The Board recognizes that serving in the Marine Corps is challenging. Our country is fortunate to have many men and women willing to endure the hardships and sacrifices required in order to serve their country. Most service members begin their service at a relatively young age. It must be noted that despite their relative youth and immaturity, the vast majority of these members still serve honorably and therefore earn their honorable discharges. In fairness to those members, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The Board found that the Applicant's service was equitably characterized. Relief denied.

The Applicant also requests a Narrative Reason for Separation change. Under its responsibility to examine the propriety and equity of the Applicant's discharge, the Board will change the reason for discharge if such a change is warranted. A review of the Applicant’s records show that he was diagnosed by competent medical authority with a personality disorder. The Applicant subsequently was notified, processed and discharged by reason of personality disorder. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Therefore changing the Narrative Reason for Separation would be inappropriate. Relief on this basis is 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. The Applicant can provide documentation to support post-service accomplishments or any other evidence related to the discharge at that time. 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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