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USMC | DRB | 2006_Marine | MD0600994
Original file (MD0600994.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. MD06-00994

Applicant’s Request
The application for discharge review was received on 20060718 . 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 20070523 . 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 Under Honorable Conditions (General) by reason of convenience of the government due to condition not a disability.

PART I - ISSUES AND DOCUMENTATION


Decisional Issues
Equity – Post Service
Equity – Immaturity

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Police Officer Certification, dtd November 26, 1996
New Mexico State Police Commission Certificate, dtd November 26, 1996
Letter of Congratulations, Appointment to Tactical Team Unit, dtd May 6, 1999
 Letter of Congratulations, Appointment to Search and Recovery Team (Dive Team), dtd March 1, 2005
 New Mexico State Police , Appointment to Sergeant , dtd February 12, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19920612 – 19920628               COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19920629              Date of Discharge: 19931119

Length of Service (years, months, days):

 Active: 0 1 0 4 22 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 15 day s
         Confinement:              None

Age at Entry: 1 7 (Parental Consent)

Years Contracted: 4

Education Level: 12                                 AFQT: 4 0
Highest Rank: LCpl                                   MOS: 0341

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3 . 9 ( 5 )                        Conduct: 3 . 5 ( 5 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Qualification Badge (Expert), Pistol Qualification Badge (Expert ), National Defense Service Medal, Certificate of Commendation, Letter of Appreciation


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER HONORABLE CONDITIONS (GENERAL)/Convenience of the Government, Condition not a physical disability, personality disorder determined by a medical board (without administrative discharge board) (or) (with administrative discharge board), authority: MARCORSEPMAN 6203.2.a.
Chronological Listing of Significant Service Events :

920609:  Medical waiver recommended by NAVMEDCOM and approved by CMC letter MMRE: 1133/9.

930621:  Applicant to unauthorized absence at 0531 this date.

930705:  Applicant from unauthorized absence at 1630 this date (15 days/surrendered).
930708:  NJP for violation of UCMJ, Article 86: Unauthorized absence d uring the period of 0531, 930621 through 1630, 930705.
 Award: Forfeiture of $ 450. 00 pay per month for 2 month s ($350.00 pay per month for 2 months suspended for 6 months) , restriction and extra duty for 45 days, reduction to E- 2 . Not appealed.
930720 :  Counseling: Advised of deficiencies in performance and conduct ( Personality disorder, suicidal gestures, and disregard for military authority. ), necessary corrective actions explained, sources of assistance provided , disciplinary and discharge warning given .
931103:  Counseling: Advised of deficiencies in performance and conduct (Conduct marking of 1.9 assigned due to SNM’s imminent administrative separation by reason of convenience of the government due to a personality disorder. His unsatisfactory attitude, reliability and adaptability render SNM unfit for service. SNM’s inability to perform his duties as a sentry render duty proficiency markings of 1.9 as appropriate.).
931119:  DD Form 214: Applicant discharged with a under honorable conditions (general) by reason of convenience of the government, condition not a physical disability, personality disorder determined by a medical board.

Service Record Book did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19931119 by reason of convenience of the government due to condition not a disability (A) with a service characterization of under honorable conditions (general). 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 states that he would like an upgrade because his current discharge negatively affects his ability of obtain employment with the U.S. Government. The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. 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. Relief denied.

The Applicant provides evidence of post service documentation in support of his request for upgrade. There is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was not sufficient to mitigate the conduct, which precipitated the discharge. Relief denied

The Applicant states that the reason for his discharge was his “maturity level and lack of life experience.” The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. The statement provided by the Applicant was not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The evidence reviewed did not persuade the Board that his 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. Marine Corps Separation and Retirement Manual, ( MCO P1900.16D, effective 890627 until 950817), paragraph 6203, CONVENIENCE OF THE GOVERNMENT.
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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