DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-LCPL, USMC
Docket No. MD99-00999

Applicant’s Request

The application for discharge review, received 990720, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed The American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000410.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/Erroneous Enlistment, authority: MARCORSEPMAN Par. 6204.2

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Applicant provided a brief concerning ease issue:

1.  I was physically unable to perform my duties as a Marine because of a left foot injury.

2.  I was mislabeled as a malinger.

3.  I was wrongly accused of being a deserter instead of being AWOL.

4.  Discharge should be changed to Honorable.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

American Legion's Statement dated 15 Feb 2000
Copy of DD Form 214
Applicant’s statement 
VA Hearing Officer decision dtd Dec 2,1998
VA Hearing transcript dtd 10/21/98
Dr’s note undated
Applicant’s medical record 

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USMC		None
	Inactive:  USMCR(J)		940825 - 941031	COG

Period of Service Under Review:

Date of Enlistment:  941101		Date of Discharge:  970110

Length of Service (years, months, days):

	Active:  02  02  09
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  64

Highest Rank:  LCPL

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 		Conduct:  3.8

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, Rifle Sharpshooter Badge 

Days of Unauthorized Absence:  31 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/Erroneous enlistment, authority:  MARCORSEPMAN Par. 6204.2.

Chronological Listing of Significant Service Events:

961021:	Medical evaluation by Qualified Medical Evaluator.

	AXIS I: Occupational Problem V62.2
	
	AXIS II: Personality Disorder, NOS with Borderline and Narcissistic Traits, EPTE, Severe, 301.90

Strongly recommend expeditious and immediate administrate separation due to unsuitability for continued service as well as his presenting a chronic and ongoing risk for harm to self or others if retained in military service.  

961202:	NJP for violation of UCMJ, Article 86: UA from 0730/960907 until 0730/961008 from appointed place of duty, to wit: H&S Co, HQBN.
Awarded forfeiture of $571.00 per month for 2 months, restriction and 
extra duties for 45 days.   Forfeiture suspended for 6 months unless sooner vacated. Not appealed

961208:	Commanding officer recommended General (under honorable conditions) discharge by reason of erroneous enlistment. The factual basis for the discharge is: psychiatrist concludes that applicant’s personality disorder is so severe that the applicant’s ability to function in a military environment is significantly impaired.

961212	Applicant notified of intended recommendation for discharge General (under honorable conditions) by reason of Personality Disorder prior to enlistment.

961212:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

970108:	GCMCA, CG, 1st MarDiv directed the applicant's discharge General (under Honorable conditions) by reason of an erroneous enlistment (personality disorder)

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970110 under general (under honorable conditions) due to erroneous enlistment due to a personality disorder (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

The applicant alleges that a foot problem impaired his ability to serve and mitigated his misconduct of record. The Board found this not to be true.

The Board found that the applicant was discharged because of a personality disorder that was so severe that the applicant’s ability to function in a military environment was significantly impaired. Additionally, the applicant was UA for 31 days, thus being classified as a deserter (UA for 30 or more days).  Clearly the applicant’s record does not warrant an upgrade.  Relief denied.    

Pertinent Regulation/Law (at time of discharge)

A. MARINE CORPS SEPARATION AND RETIREMENT MANUAL, (MCO P1900.16E, par 6204.2 EFFECTIVE 950818).

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023