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

 ex-PFC, USMC

Docket No. MD03-00530

Applicant’s Request

The application for discharge review was received 20030211.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requested a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area.  Subsequent to the application the Applicant requested a personal appearance hearing and obtained representation by the American Legion.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 20040324.  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 three to two 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 administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

“Board Action Requested: Upgrade characterization of discharge to Honorable

1.  (Equity Issue) This former member opines that youth and immaturity impaired his ability to serve and contributed to his misconduct of record.

2.  (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.”

Documentation

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

Applicant’s DD Form 214
Certificate of appointment as a Law Enforcement Officer
Appointment as Police Officer
Cover letter for certificate from State of Illinois (2 pp.)
City of Chicago certificate for police recruit training
        City of Chicago certificate for detective training
        Letter from R_ A. D_
        Copy of Cook County ID Card and Investigator Badge

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		880126 - 880404	COG

Period of Service Under Review:

Date of Enlistment:  880405		Date of Discharge:  891215

Length of Service (years, months, days):

	Active:    01  08  11
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  48

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (4)			Conduct:  4.2 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

880912:	Psychiatry Evaluation: Diagnosis: Mixed personality disorder with dependent and narcissistic features.  Separation is strongly recommended because the disorder is so severe that the Applicant’s ability to function effectively in a military environment is significantly impaired.  He is not considered mentally ill, but manifests a long-standing disorder of character and behavior which is of such severity as to render him incapable of serving adequately in the Navy.  He does not require and will not benefit from further hospitalization or treatment.  Although he is not presently considered suicidal or homicidal, he is considered self-destructive and a continuing danger to himself and others if retained in the Navy.  He is deemed fit for return to duty for processing for administrative separation, which should be effected immediately ICO NAVMILPERSCOMINST 1910.1C.

880913:	Counseled for deficiencies in performance and conduct.  [Making a suicide gesture.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880914:	NJP for violation of UCMJ, Article 115:
Specification: In an attempt to avoid further service, took 10 Tylenol on 1400, 880912.
Awarded forfeiture of $144.00 per month for 1 month, restriction and extra duties for 14 days.  Extra duty for 14 days suspended for 4 months.

890804:	Psychiatry Clinic:  DX: Axis I: Alcohol abuse.  Occupational problem.  Axis II: Personality disorder NOS with narcissistic and dependent features.  Recommendation: Fit for full duty, fully accountable for actions.  Low immediate suicide/homicide risk.  No harm contract.

890816:	Medical evaluation.  P: Fit for duty for expeditious adsep.  Command advised to discharge Applicant as he does not have a mental illness but manifests a disorder of character/behavior which renders him unsuitable for further service and significantly impairs his ability to function effectively as a Marine.  He will not benefit, nor does he require hospitalization.  He will not benefit from training or PCS.  He is not currently suicidal/homicidal, but presents a continuing risk to harm himself/others if retained in the USMC.

890830:	Counseled for deficiencies in performance and conduct.  [Inadequate performance and proficiency in all major areas of responsibility.  Applicant lacks the physical, mental and moral courage required of a Marine.  Applicant was also counseled concerning a suicide threat he made on 890802.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890928:	Counseled for deficiencies in performance and conduct.  [Personality disorder.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891006:	Medical evaluation.  Diagnosis: Axis I: Occupational problem, resolving.  Axis II: R/O alcohol abuse.  Axis III: Personality disorder not otherwise specified with narcissistic and dependent features.  P: Fit to return to duty.  Concur with previous recommendation for administrative separation Sep88 & Aug89.

891011:	Counseled on his discharge pro/cons of 3.5 pro/4.0 conduct.  Applicant did not desire to make a statement.

891215:	DD Form 214: Applicant discharged under honorable conditions (general) for convenience of the government due to a personality disorder, authority: MARCORSEPMAN Par. 6203.3.

Applicant’s discharge package missing from service record

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19891215 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.  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 award of nonjudicial punishment (NJP) on one occasion and adverse counseling entries on other occasions.  The Board found that the Applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity and youth was a factor that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Issue 2.  The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Despite the Applicant’s solid post-service accomplishments, 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.  Relief not warranted.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B.  Table 6-1, Guide for Characterization of Service of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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