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

  ex-PFC, USMC
Docket No. MD03-00942

Applicant’s Request

The application for discharge review was received on 20030424.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant listed Congressman S_ as his representative on the DD Form 293.  In the acknowledgement letter the Applicant was informed that members of Congress do 
not represent applicants before the Board.
 
Decision

A documentary discharge review was conducted in Washington, D.C. on 20040401.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character 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 stated

Applicant’s issues, as stated on the application:

1.  “I, C_ T_ have full proof that as of August 28, 2002, my discharge was switched from General to an Honorable Discharge.  As a result of the change my re-entry code is also wrong.”

Issues submitted by Applicant’s counsel/representative (Congressman S_):

None

Documentation

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

Copy of DD Form 214
Copy of email from Maj H_
Letter from BCNR to Congressman S_

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive: USMCR(J)		010924 - 011022	COG

Period of Service Under Review:

Date of Enlistment:  011023		Date of Discharge:  020829

Length of Service (years, months, days):

	Active:    00  10  07
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  32

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (2)			Conduct:  4.5 (2)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, Rifle Expert Badge

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:

020626:	CO, Naval Hospital, CLNC letter.  Medical evaluation by a clinical psychologist and attending psychiatrist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.  Recommended for administrative separation. 

020630:	Applicant notified of intended recommendation for honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation and letter from CO, Naval Hospital dated 26 June 2002.  Applicant informed the lowest characterization possible was under honorable conditions (general).

020710:	Admitted to Naval Hospital, CLNC for inpatient mental health care.

020715:	Discharged from Naval Hospital, CLNC.  Diagnosis:
		
	Axis I:  Post traumatic stress (EPTE).
		Axis II: Personality disorder, NOS.

020722:	Counseled for medical condition.  [Personality disorder, atypical anxiety disorder, post traumatic stress disorder and symptoms of depression.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020726:	Counseled for medical condition.  [Personality disorder, atypical anxiety disorder, post traumatic stress disorder and symptoms of depression.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020802:	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.

020809:	Commanding Officer recommended an honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation and extended mental health treatment from 10-15 July 2002.  The factual basis for this recommendation was a letter from the CO, Naval Hospital dated 26 June 2002.  

020814:	Counseled for condition.  [Personality disorder.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020820:	SJA review determined the case sufficient in law and fact.  Recommended discharge under honorable conditions (general).

020821:	GCMCA [CG, 2d FSSG] 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 20020829 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 documentation provided by the Applicant does not establish that his discharge was improperly or inequitably assigned under honorable conditions (general).  The document the Applicant provided was from the Applicant’s battalion commander, who did not have the authority to award a characterization of service.  There is no indication that the separation authority, CG, 2d FSSG, changed the characterization of service to honorable.  

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable.  A Marine separated by reason of convenience of the government is awarded a characterization of service as determined by the separation authority.  The statements from the Applicant and documentation reviewed by the Board do not refute the presumption of regularity in this case.  An upgrade to honorable is 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.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

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.  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.  Relief not warranted.

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 P1900.16E), 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