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USMC | DRB | 2006_Marine | MD0600905
Original file (MD0600905.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. MD06-00905

Applicant’s Request
The application for discharge review was received on 20060622 . 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 Disabled American Veterans as the representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20070419 . 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 - ISSUES AND DOCUMENTATION

Decisional Issues
Equity: Applicant claims her discharge characterization should be honorable because her medical records suggest her diagnoses should have been PTSP/Major Depression and not Personality Disorder.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Letter from R_ L. C_, Jr., dtd May 2, 2006
Department of Veterans Affair Benefits Claim Letter, dtd November 16, 2004 (6 pgs)
Department of Veterans Affair Benefits Decision Letter, dtd October 21, 2004, (13 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20000622 - 20010107       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20010108              Date of Discharge: 20030218

Length of Service (years, months, days):

 Active: 0 2 0 1 11
         Inactive: None

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

Age at Entry: 18

Years Contracted: 5

Education Level: 12                                 AFQT: 73

Highest Rank: LCpl                                   MOS: 6317

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                  Conduct: NA*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Rifle Marksman Marksmanship Badge

*Not Available


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 :

010909 :  Counseling: Advised of deficiencies in performance and conduct ( Violation of Article 86, unauthorized absence on 010914 (0715-0750) from your appointed place of duty .), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020206:  Counseling: Advised of deficiencies in performance and conduct (Failure to satisfactorily pas t the PFT.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020213:  Counseling: Advised of deficiencies in performance and conduct (Violation of Article 86, unauthorized absence on 0 20208 (0 610 -0 630 and 020208 0900-0915 ) from your appointed place of duty.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
0 21122 :  Counseling: Advised of deficiencies in performance and conduct ( Diagnosis of Personality Disorder .), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
021125:  Medical evaluation by G_ W. N_, CDR MC USN, Head Mental Health:
 This is at least the fifth psychiatric evaluation who’s psychiatric history is extensively documented in her medical record. She was seen on 021122 in the Mental Health Clinic at Naval Hospital Beaufort due to her complaints of depression and for an evaluation for suitability for duty.
Diagnoses:
Axis I: Major Depression, Single Episode, Moderate, DSM IV 296.22
Axis II: Borderline Personality Disorder, DSM-IV 301.83
Findings and Recommendations:
LCpl E_ suffers from a longstanding disorder of character and behavior that is of such severity as to interfere with her ability to function effectively in the military environment. She lacks insight into the severity of her condition and is not motivated to alter her behavior. Because of this lack of insight it is unlikely that she will respond to therapeutic interventions and her maladaptive behavior is likely to persist. While not imminently suicidal, she is an ongoing risk for harm to self and others it is recommended that the 6105 entry be waived and she be administratively separated from the Marine Corps per MARCORSEPMAN 6203.3 by reason of unsuitability.
021227:  Substance Abuse Counseling Center: SNM was evaluated and does not meet criteria for Alcohol Abuse or Dependence. SACC recommends SNM attend the next Early Intervention class if available prior to separation.

030109 :  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 a mental health professional, diagnosed as having a personality disorder . Applicant informed the least favorable character of service possible was as general (under honorable conditions).

030109 :  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.

030109 :  Commanding Officer recommended Applicant’s discharge with a general (under honorable conditions) by reason of Convenience of the Government due to a Personality Disorder .

0 30204 :  SJA review determined the case sufficient in law and fact.
030204 :  GCMCA, Commanding General, 2d Marine Aircraft Wing directed the Applicant's discharge with a general (under honorable conditions) by reason of Convenience of the Government due to a Personality Disorder .
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030218 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 claims her discharge characterization should be honorable because her medical records suggest her diagnoses should have been PTSP/Major Depression and not Personality Disorder. The Applicant was diagnosed with "Borderline Personality Disorder with Major Depressive Disorder features" by competent medical authority at the Mental Health Clinic, Naval Hospital, Beaufort, SC, and was recommended for administrative separation from the Marine Corps by reason of unsuitability. Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of her discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge. Relief is not warranted.

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 20021125. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation were improper or inequitable. 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 P1900.16F), 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

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