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Decision Text

USMC | DRB | 2006_Marine | MD0600877
Original file (MD0600877.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. MD06-00877

Applicant’s Request
The application for discharge review was received on 20060614 . 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 . 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 20070405 . 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 and reason for 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 - ISSUES AND DOCUMENTATION

Decisional Issues
Propriety: Basis for discharge did not exist.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19990511 - 19990701       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19990712              Date of Discharge: 20001109

Length of Service (years, months, days):

 Active: 0 1 0 3 2 8
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 32

Highest Rank: PFC                                    MOS: 0613 (Construction Wireman)

Final Enlisted Performance Evaluation Averages (number of marks):

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

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge 2d Awd


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 :

000612:  Mental Health Evaluation, Mental Health Clinic, Naval Hospital, Camp Lejeune, LT M_ E. H_, MSC, USNR, Staff Psychologist:
         Patient (Applicant) was seen on an emergent basis after presenting to the Emergency Room the previous night after a fight with his wife and threatening suicidal ideations.
         Diagnoses:
         Axis I: Adjustment Disorder, Mixed Emotional Features,
Rule Out Alcohol Abuse versus Dependence
Axis II: Personality Disorder NOS Antisocial and Borderline Traits (Provisional)
Axis III: Asthma
Axis IV: Adjustment to Marine Corps; Partner Relational problems
Axis V: Current GAF 60; best estimated GAF over past year 70-75.
 Recommendations: 1 . Patient is considered psychiatrically fit for duty. The patient is tentatively considered suitable for duty. This patient’s command agreed to give the patient a chance to work on his problems. Future behavior or emotional dyscontrol by the patient may indicate that he is indeed unsuitable for duty.
2. …referred to Family Advocacy and/or Family Service Center for counseling…scheduled for CREDO retreat.
3. …convincingly contracts for safety…safety plan was reviewed…return to the clinic in one to (sic) weeks for further evaluation.
000714:  Counseling: Advised of deficiencies in performance and conduct (Involvement in a domestic violence altercation on 000611.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
000714:  Commanding Officer, Naval Hospital, advised Commanding Officer, 8 th Communication Battalion, that Applicant was diagnosed with a severe Personality Disorder. “ The member is not mentally ill and is responsible for his behavior. However, this member does manifest a long-standing disorder of character and behavior which is of such sever ity as to interfere with his ability to function effectively in the military environment … Although not imminently suicidal or homicidal, the member may pose a continuing risk to do harm to self or others and negatively impact unit effectiveness and morale if retained in naval service. Therefore, it is strongly recommended 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. This member has been offered supportive follow-up in the Mental Health Clinic pending processing for separation .
000908 :  Applicant notified of intended recommendation for discharge as general (under honorable conditions) by reason of convenience of the government due to a personality disorder . The factual basis for this recommendation was your diagnosis from the Naval Hospital, Camp Lejeune, North Carolina . Applicant informed the least favorable character of service possible was as general (under honorable conditions) .

000908 :  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.

000908 :  Commanding Officer , 8 th Communication Battalion, recommended Applicant’s discharge by reason of convenience of the government due to a personality disorder with a characterization of service as general (under honorable conditions).
00 1 0 19 :  SJA review determined the case sufficient in law and fact.
001031 :  GCMCA, Commanding General, II Marine Expeditionary Force , directed the Applicant's discharge by reason of convenience of the government based on a personality disorder with a characterization of service as general (under honorable conditions).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001109 by reason of convenience of the government due to a personality disorder (A) with a service characterization of general (under honorable c onditions). 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 Board presumed regularity in the conduct of governmental affairs (D).

The Applicant was diagnosed with a personality disorder by a competent medical authority. The Applicant’s statement that he does not have a personality disorder, and the alleged statements of an unidentified psychiatrist in support of that claim, were not sufficient to overturn the record evidence and presumption that the Applicant was properly diagnosed with a personality disorder. The evidence of record also indicates that the Applicant was involved in an incident of domestic violence directed towards his spouse. A review of the entire record convinced the Board that the Applicant’s discharge was proper and equitable. Relief denied.

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. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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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