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USMC | DRB | 2006_Marine | MD0600431
Original file (MD0600431.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. MD06-00431

Applicant ’s Request
The application for discharge review was received on 20060130 . 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 200612 06 . 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 shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government due to a personality disorder.










The NDRB did note administrative error(s) on the original DD Form 214. Block 2 9 , Dates of Time Lost During This Period , should read: “ (1) 20041116 .” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant ’s issues, as stated on the application .

“ I served honorably for 3 ½ years before being Discharged. I am trying to get back into college to finish up my degree in Computer Science. I need an “Honorable Discharge” To get benefits from the MGI Bill. ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Official Military Personnel File CD
 Letter to the Board for Correction of Naval Records from Applicant , undated
Narrative Summary from Naval Medical Center Portsmouth, Virginia, dtd November 30, 2004 (partial)
 Ninety pages from Applicant ’s medical record
Standard Form 180 from Applicant , dtd June 2, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20010301 - 20010624       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20010625              Date of Discharge: 20041203

Length of Service (years, months, days):

 Active: 03 05 09
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 1 day
         Confinement:              None

Age at Entry: 20

Years Contracted: 4
Education Level: 1 3                                  AFQT: 73

Highest Rank: Cpl                                   MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 ( 1 0)                                Conduct: 4.2 ( 10 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Expeditionary Medal, Sea Service Deployment Medal, N ational Defense Service Medal, Rifle Qualification Badge (3d Awd), Pistol Qualification Badge (Sharpshooter ).


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 :

010301 :  Pre-service waiver granted.
031016:  NJP for violation of UCMJ, Article 134: In that Cpl F_( Applicant ), did, on 030820, communicate a threat to Company F, by stating that he wants to kill everyone in the company office, later in the day he was then found in his room with a K-bar and stated that he was going to kill himself.
         Award: Forfeiture of $ 721.00 per month for 1 month, restriction and extra duty for 45 days, reduction to E- 3 . Not appealed.
041001 :  NJP for violation of UCMJ, Article 86: In that Lance Corporal T_ G. F_( Applicant ), USMC, did at Marine Corps Base Camp Lejeune, North Carolina, on or about 0915 040830, without authority, fail to go at the time prescribed to his appointed place of duty , to wit: Section accountability and movement to the field and remained absent until 0730, 040831.
         Award: Forfeiture of $ 792.00 per month for 2 month s , restriction and extra duty for 3 0 days. Forfeiture for 1 month suspended for 6 months. A ppealed : 04100 1 . Appeal decision: 041026.

041021 :  Medical evaluation by R. D. P_, CDR, MC, USN, Division Psychiatrist , 2d Marine Division. Applicant diagnosed with a borderline personality disorder which was so severe that his ability to function effectively in the military environment was significantly impaired. Although not imminently suicidal or homicidal, the member poses an immediate danger to self and would negatively impact unit effectiveness and morale if retained in military service. The personality disorder existed prior to enlistment. Strongly recommend that a 6105 entry be waived and that the member be processed expeditiously for an administrative discharge in accordance with MARCORSEPMAN paragraph 6203.3 by reason of unsuitability.

041022:  Commanding Officer, Headquarters Company, Headquarters Battalion, 2d Marine Division N o n - M edical A ssessment. Comments: “Lance Corporal F_ (Applicant) is a member of the 2d Marine Division band, he was previously assigned to 2d Battalion, 2d Marines. He has had two Company level Nonjudicial Punishments in his three years and 3 months of service. The first was for communicating a threat at which time he threatened to kill his entire Company Office then himself with a Kabar. The second was for unauthorized absence. This unauthorized absence in turn caused him to miss a movement to a schedule field exercise which was further compounded by the fact that he chose to leave Virginia on a motorcycle at 0200 two days in a row vice planning accordingly and safely.       Since his Company Nonjudicial Punishment on 041001 Lance Corporal has refused to comply with what is required of him. He has made it clear to all that if he is held accountable for his actions or in actions he will hurt himself. He requires 24 hour supervision to complete even the simplest of tasks and to ensure he is doing what he is supposed. He displays zero respect for authority and little to no motivation about remaining in the Marine Corps and finishing out his enlistment.
         He was hospitalized for a period of 4 days due to his threats to harm himself- He is highly recommended for administrative separation as soon as possible.”

041022:  Commanding Officer, Headquarters Company, Headquarters Battalion, Second Marine Division, Camp Lejeune, North Carolina , letter to Commanding Officer, Headquarters Battalion, Second Marine Division, Camp Lejeune, North Carolina, re quest ing that the Applicant be processed for d ischarge with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder. Comments: “ Lance Corporal F_( Applicant ) was a member of the 2d Marine Division Band while with this company. He was the subject of Company Commander’s Nonjudicial Punishment on 041001 for unauthorized absence. Since his nonjudicial punishment he has shown a distinct pattern of failure to adhere to rules and regulations by consistently refusing to perform his extra duties and complete his assigned restriction. Additionally, he received Company Nonjudicial Punishment at his previous command for threatening his entire Company Office. I recommend that Lance Corporal F_ be separated with a General discharge with honorable characterization of service. ”

041201 :  Applicant notified of intended recommendation for discharge by reason of convenience of the government due to a personality disorder with a characterization of service of general (under honorable conditions). Applicant informed the least favorable character of service possible was as general (under honorable conditions).

041201 :  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.




041202 :  Commanding Officer, Headquarters Battalion, Second Marine Division, Camp Lejeune, North Carolina , recommended to Commanding General, 2d Marine Division the Applicant ’s d ischarge with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder . The factual basis for this recommendation was the written statement of the Division Psychiatrist, 2d Marine Division, II Marine Expeditionary Force, Camp Lejeune, North Carolina. The respondent ( Applicant ) is diagnosed with a personality disorder, not otherwise specified, with immature features. This Marine is an immediate danger to himself and is unsuitable for further military service. I request that the paragraph 6105 counseling entry of the reference be waived. Commanding Officer’s comments: “Lance Corporal F_(Applicant) expressed a desire to remain in the United States Marine Corps through his current contract. When questioned further he was unconvincing to me why he should remain against the advice of the Division Psychiatrist other then to receive his benefits. SNM also expressed a desire to go to college and earn a commission in the Marines, it appears highly unlikely that he would succeed at OCS, and I do not believe we would desire him to be leading Marines based on his past performance and total lack of leadership. SNM has been a burden to his command, requiring constant attention. When questioned, he stated to me that he has thoughts about hurting himself because of an inability to deal with stressful situations. Based on my interview of this Marine I do not believe that Lance Corporal F_ has any potential for future service and I fully endorse the Division Psychiatrist’s recommendation that SNM be discharged at the earliest possible convince [sic] of the Commanding General. ”
041202 :  SJA review determined the case sufficient in law and fact.

 041202 :  GCMCA, Commander, 2d Marine Division, II Marine Expeditionary Force , directed the Applicant 's discharge with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder.




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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041203 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).

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 2 nonjudicial punishment proceedings for violations of Articles 86 (UA) and 134 (threat, communicating) of the UCMJ. Violation of UCMJ Article 134 (threat, communicating) is considered a serious offense for which a punitive discharge is authorized if adjudged by 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 service. Relief is not warranted.

The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 .


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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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