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USMC | DRB | 2006_Marine | MD0600831
Original file (MD0600831.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. MD06-00831

Applicant’s Request
The application for discharge review was received on 20060526 . 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 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 unanimous that the characterization of service shall be changed. The discharge shall be change d to: HONORABLE / PERSONALITY DISORDER , authority: MARCORSEPMAN Par. 62 03 , Separation Code “ HFX1 . ”








The NDRB did note administrative error(s) on the original DD Form 214. 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 – Quality of service

Propriety – Basis for discharge



Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 12 Pages from the Applicant’s Service Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19930331 - 19931031       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19931101              Date of Discharge: 19960702

Length of Service (years, months, days):

 Active: 0 2 0 8 0 2
         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: 84

Highest Rank: LCpl                                   MOS: 0131

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 3 ( 4 )                        Conduct: 4 . 2 ( 4 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Qualification Sharpshooter Badge, Piston Qualification Sharpshooter Badge, National Defense Service Medal, S ea 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 :

930331:  Pre-service waiver for moral (DCC) granted.

940922:  4 th Regimental Aid Station. Applicant presents requesting consult for depression. Applicant states that he has been depressed for past several months. Denies suicidal/homicidal ideation.
         Assessment/Plan: ? Personality disorder vs melancholy. Do not feel the Applicant is depressed based on findings during hx. Applicant seems to have a Narcissitic or Borderline personality. Will consult for further actions.
950411 :  Medical evaluation by 3 rd MarDiv DIV Psych :
         Impression:
         AXIS I: Other Interpersonal Problems
         AXIS II: Dependent Personality Traits
         AXIS III: No diagnosis
          Condition stable, non suicidal .
         Recommendation:
1.       Psychiatrically fit for full duty, 2. Responsible for all behavior, 3. Individual Psychtherapy/Family therapy , 4. Member will call for next appointment after TAD.

951227:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the Jan/Feb/Mar promotion period because of the following deficiencies: lack of initiative and maturity expected of a NCO. Applicant chose to make a statement. No statement in the service record.
960326:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the Apr/May/Jun promotion period because of the following deficiencies: lack of initiative and maturity expected of a NCO. Applicant chose to make a statement. No statement in the service record.
960416 :  Counseling: Advised of deficiencies in performance and conduct ( Behavior which led to my being medically evaluated as having a personality disorder .), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960621 :  SJA review determined the case sufficient in law and fact. The SJA letter states that the recommendation for the Applicant’s separation is based upon a personality disorder, specifically Paranoid Personality Disorder with Immature Traits. The SJA letter states that the Applicant’s commanders recommend that the Applicant be separated with a honorable discharge. The SJA concurs with the recommendation.

960624:  Applicant is examined and found to be qualified for separation.
960625 :  GCMCA, Commanding General directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government due to an established 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 19960702 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 available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but not equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Equity – Quality of service: The Applicant contends that his characterization of service should be upgraded to reflect his record of service.
After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service. The Marine Corps Separation and Retirement Manual states that characterization of service for a Marine separated under the provisions of paragraph 6203, convenience of the government, is either honorable or general (under honorable conditions) as determined by the Marine's service record unless the Marine is in an entry level status. General (under honorable conditions) is appropriate if the member’s service has been honest and faithful but significant negatives aspects of the member’s conduct or performance outweigh positive aspects of the member’s military record. In the Applicant’s case, there is no record of misconduct or significant negatives aspects that outweigh the positive aspects of his service. The Applicant’s proficiency and conduct marks of 4.3 and 4.2 meet the criteria for an honorable characterization. The Board’s vote was unanimous that the character of the discharge shall change to honorable.

Propriety – Basis for discharge: The Applicant contends that there was no justification for the discharge.
The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant’s Commanding Officer recommended his discharge on the basis of a personality disorder, specifically Paranoid Personality Disorder with Immature Traits. During the Applicant’s separation physical, competent medical authority noted that the Applicant had been diagnosed with a Personality Disorder, Not Otherwise Specified – Not Considered Disqualifying. The Applicant was diagnosed with a personality disorder by a competent medical authority. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper. Relief 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 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 .

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 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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