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USMC | DRB | 2006_Marine | MD0600606
Original file (MD0600606.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. MD06-00606

Applicant ’s Request
The application for discharge review was received on 20060330 . 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 20070110 . 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 Uncharacterized 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 am a divorced single father who is applying for the fire academy. I do not have a personality disorder - never did. I did have problems with heat strokes, while at Marine Combat Training, but have not had a repeat of that problem since. I am a law abiding civilian and would like to have my service discharge upgraded to honorable so I can attend the fire Academy. Upon completion of my training at the Fire Academy I can provide better for my son and further help myself and others by becoming a fireman. The Marine Corps taught me to be a better team playe which will be important as a fire fighter. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19991021 - 20000611       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20000612              Date of Discharge: 20001212

Length of Service (years, months, days):

 Active: 00 0 6 01
         Inactive: None

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

Age at Entry: 18
Years Contracted: 5

Education Level: 12                                 AFQT: 84

Highest Rank: Pvt                                    MOS: 9971

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 1 ( 1 )                                 Conduct: 4 . 1 ( 1 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter Badge


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

001027:  Medical evaluation at NH, Camp Pendleton, CA by R. J. R_, CAPT, MC, USN.
          Recommend psychiatric evaluation for adjustment disorder.
        
001030:  Medical evaluation at MTF, BRMCL SAN ONOFRE MCB by H_ M_
         Symptoms: Depressed 1 month, said feeling, misses home, poor appetite, poor sleep.
         Assessment: Adjustment disorder. Rule out suicidal.
         Dr. B_ consulted today eval command escort. RTC prob.

UNDATED :         Medical evaluation at Mental Health, Naval Hospital, Camp Pendleton, CA by R_ B_, LCDR, MC, USNR concluded that the Applicant ’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.
          AXIS I: Adjustment disorder with depressed mood, occupation problems.
         AXIS II: Personality disorder not otherwise specified with borderline and avoidant traits.
         AXIS III: None.
         AXIS IV: Military lifestyle.
          Plan/Recommendations:
         1. For additional data, see the Secondary Record maintained in the Mental Health Dept, Naval Hospital, Camp Pendleton, CA.
         2. Return to this clinic as needed, follow up immediately for suicidal ideation.
          Recommend administrative separation from military - service member does not have a major mental illness, but rather a disorder of personality and character. Although not currently suicidal, he possesses a danger to himself if maintained on prolonged active service.
         Currently patient contracts for safety and reports that if he develops thoughts of suicide he will follow up immediately.
001107 :  Counseling: Advised of deficiencies in performance and conduct ( Diagnosed with a personality disorder that hinders ability to train. ), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.

001109 :  Applicant notified of intended recommendation for discharge as uncharacterized by reason of convenience of the government due to a personality disorder. Applicant informed the least favorable character of service possible was as uncharacterized.

001109 :  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.

001109 :  Commanding Officer, Headquarters and Support Battalion, School of Infantry, Marine Corps Base, Camp Pendleton, via Commanding Officer, School of Infantry, Marine Corps Base, Camp Pendleton rec ommended to Commanding General, Marine Corps Base, Camp Pendleton Applicant ’s discharge with an uncharacterized service by reason of convenience of the government due to a personality disorder. The factual basis for this recommendation was Private R_( Applicant )’s personality disorder. He was subsequently diagnosed by medical authorities as suffering from a personality disorder with borderline and avoidant traits. Private R_’s medical records have also stated that he is a danger to himself and others. Through his actions and inability to adapt to military life, Private R_, has demonstrated that he is incapable of continued service in the United States Marine Corps.

001128 :  GCMCA, Commanding General, Marine Corps Base, Camp Pendleton, CA , approve d the Applicant 's discharge with an uncharacterized service by reason of convenience of the government, specifically due to a personality disorder.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 200 0 1212 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 Applicant states “I am divorced single father who is applying for the fire academy. I do not have a personality disorder – never did. I did have problems with heat strokes, while at Marine Combat Training, but have not had a repeat of that problem since.” The statement provided by the Applicant was not sufficient to overturn the fact that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority at Naval Hospital, Camp Pendleton. The medical evaluation was undated. However, it is believed to have taken place in January of 2001. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

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 servicemember’s performance or conduct that would merit an honorable 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 period of service consisting of 6 months and one day, to warrant a change of discharge to honorable.

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 P1900.16E), effective 18 Aug 95 until 31 August 2001.

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.mi l . ”

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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