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

 ex-Pvt, USMC
Docket No. MD02-00410

Applicant’s Request

The application for discharge review, received 020225, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to hardship.  The Applicant requested a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.  Subsequent to the application, the Applicant obtained representation by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021022.  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: 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, as submitted

1.  (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

2.  (Equity Issue) This former member further avers that his narrative reason for discharge is erroneous because he was not properly tested and warrants amendment to hardship.

Documentation

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

Copy of DD Form 214 (2 copies)
Copy of Applicant's résumé
Copy of emergency squad chain of command
Letter from Applicant to warden
Copy of certificate of completion dated October 5 - 9, 1998
Copy of certificate of training dated August 20 - 22, 1999
Copy of certificate of completion dated August 18 - 20, 2000
Copy of certificate of completion dated June 18 - 22, 2001
Copy of certificate of completion dated July 9 - 13, 2001
Copy of certificate of completion dated July 16 - July 20, 2001
Copy of request for personal - position action dated November 18, 1999
Copy of request for personal - position action dated June 11, 2001
Copy of request for personal - position action dated July 1, 2001
Copy of request for personal - position action dated October 19, 2001

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		860814 - 870527	COG

Period of Service Under Review:

Date of Enlistment:  870528			Date of Discharge:  890109

Length of Service (years, months, days):

	Active:    01  07  12
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  12				AFQT:  63

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.0 (6)			Conduct:  3.9 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  41

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:

880421:	NJP for violation of UCMJ, Article 86:
Specification: Absent from unit 0600, 4Apr88 until 0115, 18Apr88 (14 days).
Awarded forfeiture of $182.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

880608:	Psychiatry Department: Impression: Adjustment disorder with mixed features of depressed mood and disturbance of conduct, secondary to poor motivation for success as a Marine, and consequent to psychological immaturity.  Recommendations: Command counseling may facilitate this current crisis, and favorably resolve his poor motivation for continued service.  This Mental Health Clinic will provide supportive therapy on a continuing basis.

880830:	Special Court-Martial
	Charge I: violation of the UCMJ, Article 86 (2 specifications):
	Specification 1: Unauthorized absence from 0600, 16May88 until 0600, 23May88, (7 days/surrendered).
	Specification 2: Unauthorized absence from 6Jun88 until 1030, 27Jun88 (21 days/surrendered).
	Findings: to Charge I and specifications 1 and 2 thereunder, guilty.
	Sentence: Confinement for 90 days, forfeiture of $400 per month for 3 months, restriction for 30 days, reduction to Pvt.
	CA 881104: Sentence approved and ordered executed, except for the part of the sentence pertaining to the confinement in excess of 86 days is suspended for 6 months.

880830:	Applicant to confinement.

881108:	Applicant from confinement.

881110:	Counseled for deficiencies in performance and conduct.  [Lack of motivation, poor judgment as evidenced by three (3) prior periods of unauthorized absence and lack of proper military bearing.  Additionally, Applicant has been diagnosed as having a mixed personality disorder, with strong features of dependency.  It was found that his problem is a long-standing disorder that existed prior to entry on military duty.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

881122:	Applicant receiving supportive psychotherapy for personality disorder, pending administrative separation.

881209:	Commanding Officer comments: Applicant unable to perform in his assigned MOS (0341) due to his personality disorder that prevents him from handling weapons and ammunition.  His utility to this company is therefore extremely limited.

890109:	DD Form 214: Discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

Discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 890109 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.  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.  Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the Applicant is drug free, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Board determined that the Applicant’s evidence of post-service conduct did not mitigate the conduct for which he was discharged.  Relief not warranted.

Issue 2.  The Board found that insufficient documentation was available to overturn the presumption of regularity concerning the Applicant’s allegation that he was not properly tested, resulting in an erroneous diagnosis of personality disorder.  The Board presumes that the Applicant was properly diagnosed with a personality disorder that was so severe that the Applicant's ability to function effectively in the military environment was significantly impaired.  The official record contains non-medical evidence showing specific examples of how the Applicant is unable to function in the Marine Corps.  The Applicant had been counseled and offered time to correct his deficiencies.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  While he may feel that his immaturity was a factor that contributed to his actions, the record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Because of the Applicant’s previous non-judicial punishment and special court-martial, and average conduct markings of below 4.0, his service is appropriately characterized as under honorable conditions (general).  Relief is therefore 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 is evident during the Applicant’s enlistment. 

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.  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 P1900.16C), 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