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

 ex-LCpl, USMC
Docket No. MD02-00191

Applicant’s Request

The application for discharge review, received 011227, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Reentry-3.  The applicant requested a documentary record discharge review.  The applicant listed American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020731.  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 and narrative reason of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  (Equity Issue) This former member avers that he served honorably and faithfully as evidenced by his 4.2 conduct and 4.1 proficiency markings, and award of a COA, SSDR and GCM, and should, in so doing, receive a fully honorable discharge.

Documentation

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

Copies of DD Form 214 (2)
Copy of Administrative Discharge Rebuttal
Pages from Marine Corps Separation and Retirement Manual (3pgs)
Reference Letter from D_ M. H_
Letter from Applicant
Request for Administrative Discharge from Admin Law Chief (2pgs)
Copy of VA Statement of Understanding
Copy of NDRB and BCNR Purpose and Procedure Information
Copy of Acknowledgement of Rights
Copy of Notification of Separation Proceeding (2pgs)
Copies from Medical Record (4pgs)
Copy of Request for Legal Service
Copy of Verification of Military Experience and Training Information (6pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		960108 - 960610	COG

Period of Service Under Review:

Date of Enlistment:  960611		Date of Discharge:  990114

Length of Service (years, months, days):

	Active:    02  07  04
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  40

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (6)			Conduct:  4.2 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge, COA, SSDR, MUC, GCM

Days of Unauthorized Absence:  None

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:

970905:	Medical evaluation by a military psychiatrist concluded that the applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.

	AXIS I:  No Diagnosis
	
	AXIS II: Dependent Personality Disorder, DSM-IV 301.6

AXIS III: No Diagnosis
	
AXIS IV: 1. Geographic Separation from Family
	    2. Difficulty adapting to the Marine Corps 
		
AXIS V: Global Assessment of Functioning at the time of admission =35
	   Global Assessment of Functioning at the time of discharge =55 

981103:	Medical evaluation by a military psychiatrist concluded that the applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.

	AXIS I:  Alcohol Abuse
		   Nicotine Dependence
	
	AXIS II: Personality Disorder NOS with Avoidant and Dependent Traits

AXIS III: None
	
AXIS IV: Stress; lack of support system. 
		
AXIS V: Current Global Assessment of Functioning 65
	   
981118:	Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation.

981118:	Applicant advised of 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.

981118:	Commanding Officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation.  The factual basis for this recommendation was applicant’s diagnosis as having a personality disorder. 

981203:	Counseled concerning refusal to attend Alcohol Treatment.  Specifically, on 25 November 1998 at 0900, applicant refused to be at an alcohol treatment appointment at Base SACC.  Advised that failure to attend treatment may result in judicial or separation proceeding. 

981211:	SJA review determined the case sufficient in law and fact.

990106:	GCMCA [Commanding General, Marine Corps Base Hawaii] 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 990114 with a general (under honorable conditions) 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.  A Marine’s conduct and proficiency markings are not the sole criteria for determining characterization of service.  A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The applicant’s service was marred by his refusal to attend alcohol abuse treatment, documented poor motivation, lack of MOS knowledge and poor physical condition.  The applicant failed to complete his service contract after he was diagnosed with a personality disorder of such severity as to render him a risk to himself and others. No other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative separation.  The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  An upgrade to honorable would be inappropriate.  It must be noted that most Marines serve honorably and well and therefore earn honorable discharges.   In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.  Relief denied.

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. The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  Legal representation at a personal appearance hearing is highly 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 Present.

B.  Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

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 “afls14.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