Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600797
Original file (MD0600797.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. MD06-00797

Applicant ’s Request
The application for discharge review was received on 20060504 . 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 designated the Texas Veterans Commission as the representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20070315 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was 4-1 that the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN PAR 6203.3, Separation Code HFX-1.
The NDRB did note administrative error(s) on the original DD Form 214. Block 25, Separation Authority, should read: “MARCORSEPMAN par 6203.3,” and Block 28, Narrative Reason for Separation, should read: “ PERSONALITY DISORDER .” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - ISSUES AND DOCUMENTATION


Decisional Issues
EQUITY – Communication skills impaired ability to serve.
 EQUITY – Post-service conduct.
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Member 4)
Evaluation from D_ B_, PhD, undated (4 pages)
 Applicant ’s résum é
Certificate of completion of Airframe and Powerplant, dated April 2002
 Applicant ’s mechanic’s license , issued July 9, 2002
Letter of recommendation from E_ W. B_, LtCol (Ret), USAF, dated April 22, 2006
Letter of recommendation from J_ P. W_, Director of Maintenance, TXI Aviation, dated March 21, 2006
Character Reference ltr from P_ M_, dated June 8, 2005
 Character Reference ltr from A _ D_, dated June 8, 2005
 Character Reference ltr from C_ B. C_, dated June 8, 2005
Character Reference ltr from N_ R. Y_, dated June 9, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19960515 - 19960811       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19960812              Date of Discharge: 19971224

Length of Service (years, months, days):

 Active: 01 04 13
         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: 55

Highest Rank: PFC                                    MOS: 3531 (Motor Vehicle Operator)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 3 ( 2 )                                 Conduct: 4 . 1 ( 2 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Sea Service Deployment Ribbon


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 :

970327:  Psychiatric evaluation at by A. N. L_, CAPT, MC, USN ( ps ychiatrist ), concluded that the Applicant manifest s a long-standing disorder of character and behavior which is of such severity as to interfere with serving adequately in the USMC. Although not currently suicidal or homicidal she may, due to chronic maladaptive pattern of behavior and professed self-mutilating conduct consider or attempt definite self harm or harm others in the future. Administrative separation in accordance with present instructions is strongly recommended. In the examiner’s opinion the individual does not posses a severe mental disease or defect for purposes of R.C.M. 706 examination and is considered competent.
         AXIS I: Rule out adjustment disorder with MEF.
         AXIS II: Personality disorder, not otherwise specified with borderline, antisocial and schizoid features.

970930 :  Psychiatrist evaluation at U.S. Naval Hospital Okinawa by J. N. G_, LT, MSC, USNR, psychologist . [Admission Date 970926, Discharge Date 970930]
         Chief Complaint: “I was trying to escape myself. ” [Applicant took 20 doses of Hadol.]
         Admission diagnosis:
          AXIS I: Sexual abuse of a child (Victim) .
         AXIS II: Borderline personality disorder (severe)
         AXIS III: No diagnosis.
          Disposition: Psychiatrically fit for full duty, however psychiatrically unsuitable for full service. The member is returned to her parent command with a recommendation of expeditious administrative separation. Attempts were made for transfer [unreadable] to Camp Pendleton via Medevac as an outpatient. While these plans may continue to be pursued by division psychiatry for the convenience of the command, there is no contraindication to her return to her parent command.
         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 the Marine’s ability to function effectively in the military environment was significantly impaired .

971006 :  Psychiatric evaluation at U.S. Naval Hospital Okinawa by J. N. G_, LT, MSC, USNR, psychologist
         Chief complaint: “I didn’t want to come here.”
          Psychiatrically fit for full duty, however psychiatrically unsuitable for full service. The member is returned to her parent command with a recommendation of expeditious administrative separation. The command should understand that behavioral escalation including self-injurious, though seldom lethal behaviors , and extremes or emotional ity during periods of stress are common occurrences for this diagnostic class. The typical course of treatment often involves repeated admissions to mental health wards. Therefore, in the interest of good order and discipline and the ongoing psychological and perhaps physical well being of those in her work and living area, it is strongly recommended that every effort be made to insure speedy disposition of this case.
          Admission diagnosis:
         AXIS I: No diagnosis.
         AXIS II: Borderline personality disorder (severe)
         AXIS III: No diagnosis.
          Discharge diagnosis:
         AXIS I: Sexual abuse of a child (victim)
         AXIS II: Borderline personality disorder (severe)
         AXIS III: No diagnosis.
          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 intended recommendation for discharge with a general (under honorable conditions) character of service by reason of convenience of the government due to personality disorder. Applicant informed the least favorable character of service possible was general (under honorable conditions).

971020 :  Commanding Officer recommended Applicant ’s general (under honorable conditions) discharge by reason of convenience of the government due to personality disorder. The factual basis for this recommendation was respondent’s diagnosed personality disorder. Respondent was referred to the Mental Health Department, U.S. Naval Hospital, Okinawa, Japan, for evaluation of her emotional instability and suicidal ideations. [Applicant] evaluated by a staff psychiatrist of the Mental Health Department and diagnosed with a personality disorder, specifically chronic suicidal ideations, self-mutilation, and behavior of such severity that her ability to function effectively in a military environment is significantly impaired. By her actions, she has demonstrated that she is unable to conform to military standards and has absolutely no potential for further military service .
971104 :  GCMCA, Commanding General, 3d Force Service Support Group , directed the Applicant 's general (under honorable conditions) discharge by reason of convenience of the government due to personality disorder.

Service Record Book contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 1997122 4 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 but not equitable (B and C).

When the service of a member of the U.S. Navy 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 Board found no counselings, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted to change the Applicant’s discharge characterization to honorable. Relief granted.

The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on multiple occasions during her enlistment. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper. Relief is not warranted.

Regarding the Applicant’s request for change of Reenlistment Code, since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, 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. 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 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 | MD0500482

    Original file (MD0500482.rtf) Auto-classification: Denied

    [Lack of judgment absenting yourself from your appointed place of duty, lack of discipline in failing to obey company and battalion orders regarding guest in the barracks and battalion restrictions, and lack of judgment in intentionally inflicting harm upon yourself.] 040330: Commanding Officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric...

  • USMC | DRB | 2002_Marine | MD02-00845

    Original file (MD02-00845.rtf) Auto-classification: Denied

    MD02-00845 Applicant’s Request The application for discharge review, received 020522, requested that the characterization of service on the discharge be changed to honorable. Chronological Listing of Significant Service Events :010516: Medical evaluation: Recommend administrative separation at the convenience of the government for failure to adapt. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review...

  • USMC | DRB | 2005_Marine | MD0501462

    Original file (MD0501462.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 “Not suited for military service.” The Applicant requests a documentary record discharge review. What is more, according to regulations, Marines being separated by reason of convenience of the government due to personality disorder do not rate an Administrative Discharge Board. Thus, the Board concluded that relief...

  • USMC | DRB | 2002_Marine | MD02-00892

    Original file (MD02-00892.rtf) Auto-classification: Denied

    Dear Chairperson: After a review of the Former Service Member (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, in his request that he be given the opportunity to upgrade his General (Under Honorable Conditions) to a Honorable Discharge.The (FSM) entered the Marine Corps on June 16, 1998 until...

  • USMC | DRB | 2005_Marine | MD0500064

    Original file (MD0500064.rtf) Auto-classification: Denied

    After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found the discharge inequitable (C).On 20020912, competent medical authority recommended the Applicant for an expeditious administrative discharge due to her diagnosed borderline personality disorder. On 20020920, the Commanding Officer recommended the Applicant be separated from the Marine Corps due to a personality disorder with a general (under honorable conditions)...

  • USMC | DRB | 2003_Marine | MD03-00745

    Original file (MD03-00745.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-LCpl, USMC Docket No. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19960814 under honorable conditions (general) for convenience of the government due to a personality disorder (A and B), as upgraded by the Board during a documentary review on 19971103 to honorable for convenience of the government due to a personality disorder. You...

  • USMC | DRB | 2002_Marine | MD02-01146

    Original file (MD02-01146.rtf) Auto-classification: Denied

    Dear Chairperson:After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, ill her request that she be given the opportunity to change her Personality Disorder (Under Honorable Conditions) Discharge to an Medical (Under Honorable Conditions) Discharge. The FSM states that this...

  • NAVY | DRB | 1999_Navy | ND99-01134

    Original file (ND99-01134.rtf) Auto-classification: Denied

    Thank you very much, (applicant) MS3, USN.930826: Commanding officer recommended discharge general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. The second psychologist conducted a separate evaluation and also concluded that MS3 (applicant) suffered from a severe personality disorder that warranted immediate separation. ...

  • USMC | DRB | 2006_Marine | MD0600226

    Original file (MD0600226.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 “Secretarial Authority.” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The patient denied symptoms of psychosis, including auditory and visual hallucinations, paranoia, ideas of reference, or an active delusional system. The Applicant provided one...

  • NAVY | DRB | 2004 Marine | MD04-00714

    Original file (MD04-00714.rtf) Auto-classification: Denied

    Spec 1: Disorderly conduct. On 20030212, the Applicant’s Battalion Commander recommended that the Applicant be “separated with a general (under honorable conditions), characterization of service, by convenience of the government due to a personality disorder”. In cases where no other reason for separation set forth in the Naval Military Personnel Manual is appropriate, but where separation of a member is considered to be in the best interest of the service, the Secretary of the Navy has...