Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600716
Original file (MD0600716.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. MD06-00716

Applicant’s Request
The application for discharge review was received on 20060502 . 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 20070222 . 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.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 The Applicant request his discharge be upgraded to honorable so that he may use his G.I. Bill.

 The Applicant claims his discharge was based on an isolated incident.

The Applicant would also like his RE code changed to RE-3 instead of RE-4 so that he can
Re-enlist into the reserves.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4) (2 copies)


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20021202 - 20030602       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20030603              Date of Discharge: 20050121

Length of Service (years, months, days):

 Active: 0 1 0 7 19
         Inactive: None

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

 Age at Entry: 1 9

Years Contracted: 4

Education Level: 12                                 AFQT: 38

Highest Rank: LCpl                                  MOS: 1371

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 2 ( 3)                                 Conduct: 3 . 7 ( 3)

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

021127 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

041019 :  J_ M. W_, LCDR, MC USNR, Staff Psycho l ogical evaluation at Mental Health Department, Naval Hospital Camp Pendleton: The service member named was initially evaluated in the Mental Health Department on 040722 by LCDR C_ at which time the diagnoses of Polysubstance Dependency and Personality Disorder not otherwise specified were established. In addition, a recommendation for administrative separation was given. He has been compliant with his treatment regimen, which includes psychotherapy, pharmacotherapy, and abstinence from alcohol. In spite of this, he continues to express continuing recurrent suicidal ideation, depressed mood, and anger problems.
         Primary Diagnoses:
         AXIS I: Polysubstance Dependence in sustained remission, Alcohol Dependence in early remission
         AXIS II: Borderline Personality Disorder
         Recommendation: Given his past history of over 5 suicide attempts, polysubstance dependence, and recurrent suicide ideation, he is deemed a high risk of future self-harm. I strongly recommend that his administrative separation be done expeditiously in order to allow him to obtain more intensive mental health treatment which is not available in the military.

041103:  NJP for violation of UCMJ, Article 121:
         Specification: Stole an Apex TV and Sony Stereo System, monetary Value of $300.00.
 Award: Forfeiture of $650.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. Not appealed.
041220 :  Applicant informed the least favorable character of service possible was as general (under honorable conditions) by reason of personality disorder . The factual basis for this recommendation was his medical evaluation dated 040810.

041221 :  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.

041221:  Psychiatric Evaluation, B_, B_, Camp Pendleton Mental Health:
         Primary Diagnosis:
         AXIS II: Personality disorder NOS with Borderline traits
          Primary Recommendation: It is strongly recommended that this service member be expeditiously administratively separated on the basis of a personality disorder. His retention in the Marine Corps presents an imminent danger of harm to himself. His personality disorder is of such severity that the Marine’s ability to function safely and effectively in the military environment is significantly impaired.
041222 :  Commanding Officer, Brigade Service Support Group-1, rec ommended Appli cant’s discharge with a general (under honorable conditions) by reason of personality . The factual basis for this recommendation was based on the diagnosed as meeting the criteria of Borderline Personality Disorder after being admitted to the Naval Medical Center of San Diego on 040810. He was subsequently evaluated by the Mental Health Department of Naval Hospital Camp Pendleton and diagnosed with Polysubstance Dependence in sustained remission, Alcohol Dependence in early remission , and borderline Personality Disorder on 041019. On 041221, a staff psychologist of the Camp Pendleton Mental Health Department recommended that Lance Corporal B_ be separated from the Marine Corps expeditiously as his retention presents an imminent danger of harm to himself and his ability to function safely and effectively in a military environment is significantly impaired.

041222:  Commander, 1 st Force Service Support Group , concur with the Applicant’s discharge with a general (under honorable conditions) by reason of personality disorder.

050118 :  SJA review determined the case sufficient in law and fact.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050121 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 Applicant is requesting an honorable discharge. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as general (under honorable conditions) 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 the award of nonjudicial punishment (NJP) on one occasion for violations of the Uniform Code of Military Justice (UCMJ). The Applicant’s misconduct included Article 121, Stole a television and stereo system, monetary value of $300.00. The Applicant’s conduct which forms the primary basis for determining the character of his service, reflect his misconduct, and fall below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief is therefore denied.

The Applicant request s his discharge be upgraded to honorable so that he may use his G.I. Bill. 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 employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

The Applicant would also like his RE-code changed to RE-3 instead of RE-4 so that he can re-enlist into the reserves. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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


Similar Decisions

  • USMC | DRB | 2005_Marine | MD0501460

    Original file (MD0501460.rtf) Auto-classification: Denied

    AXIS III: Chance fracture L, Skin Burns 2 960506: Applicant to duty. 950622: Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.950714: Commanding Officer, 9 th Communication Battalion, recommended Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse, and frequent involvement of a discreditable nature, with military authorities.

  • USMC | DRB | 2006_Marine | MD0600606

    Original file (MD0600606.rtf) Auto-classification: Denied

    I do not have a personality disorder - never did. 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, approved the Applicant's discharge with an uncharacterized service by reason of convenience of the government, specifically due to a personality disorder. I do not have a personality disorder – never did.

  • NAVY | DRB | 2004 Marine | MD04-00295

    Original file (MD04-00295.rtf) Auto-classification: Denied

    MD04-00295 Applicant’s Request The application for discharge review was received on 20031201. My whole life was changed as result of this accident and I should have received an honorable discharge under medical conditions. The Applicant’s service record did not contain any unusual circumstances during his time in the military to warrant a change to “honorable.” The official records and the additional documents supplied by the Applicant, do not support his contention of a “cover up”...

  • NAVY | DRB | 2004 Marine | MD04-01447

    Original file (MD04-01447.rtf) Auto-classification: Denied

    MD04-01447 Applicant’s Request The application for discharge review was received on 20040913. The Applicant requested the characterization of service received at the time of discharge be changed to honorable. [… Absent himself without proper authority...] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.960422: Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience...

  • USMC | DRB | 2006_Marine | MD0600797

    Original file (MD0600797.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Recommendations: In accordance with Marine Corps Separation and Retirement Manual, Chapter 6, Section 2, the attending psychiatrist strongly recommends consideration of administrative separation on the basis of personality disorder of such severity her ability to function effectively in the military environment was significantly impaired.971020: Applicant notified of...

  • NAVY | DRB | 2004 Marine | MD04-01349

    Original file (MD04-01349.rtf) Auto-classification: Denied

    6203.3 PART I - APPLICANT’S ISSUES AND DOCUMENTATION [Applicant]. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.

  • NAVY | DRB | 2006_Navy | ND0600189

    Original file (ND0600189.rtf) Auto-classification: Denied

    ND06-00189 Applicant’s Request The application for discharge review was received on 20051107. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Treatment Plan: 8 months LIMDU away for stressor, Depakote for treatment of impulse control/lability, Individual psychotheraphy @ Fleet and Family services, NMCP outpatient crisis intervention program Limitations: Shore duty only – no weekends, nights, or rotating shifts.

  • USMC | DRB | 2005_Marine | MD0501121

    Original file (MD0501121.rtf) Auto-classification: Denied

    Plan and Recommendations: The patient is currently neither suicidal nor homicidal at this time. 020624: GCMCA, Commanding General, Marine Corps Base, Camp Pendleton, CA, directed the Applicant's discharge with a general (under honorable conditions) by reason of unsatisfactory performance. The Applicant’s performance and conduct, which form the primary basis for determining the character of his service, reflect his willful failure to meet the requirements of his contract with the Marine Corps.

  • NAVY | DRB | 2004 Marine | MD04-00236

    Original file (MD04-00236.rtf) Auto-classification: Denied

    On this basis, we petition the Board’s relief.In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded and his narrative reason be changed to Hardship because his in service mental health...

  • USMC | DRB | 2006_Marine | MD0600252

    Original file (MD0600252.rtf) Auto-classification: Denied

    The service member is unsuitable for continued military service on the basis of the above diagnosis of Personality Disorder. Recommends that Private First Class K_ (Applicant) be discharged for a personality order and that the characterization of service be General (Under Honorable Conditions).031014: Psychological Evaluation, 1 st Marine Division Psychiatrist, LCDR J_ R_, M.D., MC, USNR: 1. PLANS/RECOMMENDATION The service member is unsuitable for continued military service on the basis...