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

ex-PFC, USMC
Docket No. MD02-00125

Applicant’s Request

The application for discharge review, received 011017, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region.  The applicant listed American Legion as his representative on the DD Form 293.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 020514.  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 at the time of issue.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without admin discharge board), authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. This former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

Documentation

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

Affidavit from applicant (3pgs)
American Legion Statement, 14 May 2002
Letter for Endorsement from D____ M____, CISSP, General Counsel  
Request for Records (3pgs) 
Cover Letter from Applicant
Letter of Support from Lt Colonel, USAF, Ret, M____ A. K___ Attorney at Law
Letter of Support from Cpl M___ A. F____
Letter of Support from Capt J.A. M____
Reference Letter from G___ C____
Reference Letter from Applicant's Wife (2)
Reference Letter from S___ B____, Vice President of Montgomery Area Center for Entrepreneurial Development
Reference Letter from P___ R___, Vice President, Administration Montgomery Area Chamber of Commerce
Employment Reference Letter from C___ M___, Blue Dot A/C Heating Plumbing
Character Reference Letter from J___ G___, Taylor Road Baptist Church
Reference Letter from J___ H____, Chief of Police
Character/Reference Letter from M.L. "RED" T___, Juvenile Probation Officer
Reference Letter from J____ J. E____ Ret Major, Senior Engineering Consultant, DSD Laboratories
Employment Reference Letter from J___ N____
Employment Reference Letter from L___ E____, Community Director March of Dimes
Copy of Fax Cover Sheet
Handwritten Character Reference Letter from T___ Z____, DPM
Character Reference Letter from B___ O___
Handwritten Letter of Recommendation from T___ L. B___, Regions Bank
Transcript from Troy State University Montgomery
Tuition Certificate from Troy State University Montgomery
HVAC Training Center Participant Transcript
Thank You Letter from J__ P___, Sr. Training Analyst
Certificate of Achievement for course 1501 Advantage Heating & Air Condition
HVAC Training Center Participant Transcript
Thank You Letter from J___ P___, Sr. Training Analyst
Certificate of Achievement for course 1502 Foundations for Troubleshooting HVAC Electrical System
HVAC Training Center Participant Transcript
Thank You Letter from J___ P___, Sr. Training Analyst
Certificate of Achievement for course 1504 for Troubleshooting Heat-pump Electrical System
Certificate of Achievement for Using and Understanding Wiring Diagrams
Certificate of Achievement for P2MPD Furnaces and Overview of Heat pump Modules
Newspaper Article irt T____ M____ and business partner D___ H___
Emerging Thirty Certificate for Business Success and Contribution to the Area Economy, May 2001 and May 2002
Credit Profile (6pgs)- 

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		810629 - 810730	HON
	Inactive: USMCR(J)		800815 - 810628	COG
Inactive: USMCR(J)		840831 - 840926	COG

Period of Service Under Review:

Date of Enlistment:  840927		Date of Discharge:  861017

Length of Service (years, months, days):

	Active:    02  00  21
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 

Education Level:  12			AFQT:  76

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (6)			Conduct:  3.7 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Expert Qualification Badge, GCM

Days of Unauthorized Absence:  6

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

UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without admin discharge board), authority: MARCORSEPMAN Par. 6203.3.

Chronological Listing of Significant Service Events:

851219:	Counseled concerning continued poor conduct with the platoon.  SNM further counseled concerning his lack of proficiency in his billet and continued disruptive behavior and lack of cooperation.

860127:	NJP for violation of UCMJ, Article 86: UA (AWOL) 0631 860121 until 2330, 860127(6days/S).
Awarded forfeiture of $175.00 pay per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

860617:	Counseled for deficiencies in performance and conduct.  [Assault on NCO, insubordinate conduct, unauthorized absence, and disruptive behavior].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

860708:	NJP for violation of UCMJ, Article 91: On 860615, aboard USS GUAM LPH-9, assaulted Cpl D____, his superior NCO, pushing him from the back.
Awarded forfeiture of $200.00 pay per month for 2 months, restriction for 30 days, reduction to E-2.  Not appealed.

860714:	NJP for violation of UCMJ, Article 91: Disrespect towards BM2 P____, his superior Petty Officer, aboard USS GUAM LPH-9 on 860622, by saying to him, "You Motherfucker, Asshole, or words to that effect; violation of UCMJ, Article 92: Guam Inst 3120.1c, In that PFC M_____ was on 860622 wearing improper military attire, (ie PT Gear); while on the mess deck of the USS GUAM.
Awarded forfeiture of $165.00 pay per month for 1 months, restriction and extra duties for 14 days.  Not appealed.

860728:	Medical evaluation by a military psychologist concluded that retention at sea is only likely to cause a behavior which will cause harm to this individual or those around him.

	AXIS I: 303.90, Alcoholism
	
	AXIS II: 313.34, Explosive Personality Disorder

	AXIS III: Headaches, Etiology unknown

	AXIS IV: Severity of Psychosocial Stressors, Moderate, Alcoholism, Stress of Military Life and Deployment at Sea

	AXIS V: Highest level of adaptive functioning in past year, Poor

860808:	Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to behavior disorder as indicated by psychiatric evaluation and nonmedical evidence.

860808:	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.

860815:	Commanding Officer, Battalion Landing Team 2/2 recommended discharge under honorable conditions (general) for the convenience of the government due to behavior disorder as indicated by psychiatric evaluation and nonmedical evidence.  The factual basis for this recommendation was psychiatric evaluation and nonmedical evidence.  

861007:	GCMCA [Commanding General, 2d Marine Division] directed the applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 861017 under honorable conditions (general) for convenience of the government due to a personality disorder (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

Issue 1.  The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, 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.  However, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  The applicant did not provide sufficient documentation to warrant an upgrade of his discharge to Honorable. Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the
Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 1, effective 06 Apr 83 until 26 Jun 89. 

B.  Table 6-1, Guide for Characterization of Service of the  Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 1, effective 06 Apr 83 until 27 Jun 89.

C.  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.  

D.  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.

E.  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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls10.jag.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:

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