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

ex-LCPL, USMC
Docket No. MD05-00101

Applicant’s Request

The application for discharge review was received on 20041013.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.  The Applicant listed the Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050304.  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 4 to 1 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

1.  “To Whom It May Concern:

During the first three years of my military career I was an outstanding Marine.  I was promoted meritoriously on December 2, 1997, to the rank of Corporal by the Commanding General, 2d Marine Division, and meritoriously promoted to Private First Class, dated November 22, 1995, for assisting in the field of recruiting before I went to boot camp.  On January 10, 1999, I received a Good Conduct Medal for having good conduct during my first three years in the service.  I also received three Certificates of Commendation for outstanding work, another for being selected as the Non-Commissioned Officer of the Quarter for10th Marine Regiment, and last but not least, one from the Commanding General, 2nd Marine Division, for being selected as Non-Commissioned Officer of the Quarter for the whole 2 Marine Division.  The certificate from the Commanding General consisted of a board of 10 members from the Division, in which consisted of the highest enlisted officers, and I competed against Sergeants and Corporals from other Regiments.  I completed Corporal’s Leadership Course, completed the Sergeants Non-Resident Program, and attended Campbell University while I was in the service.  I was such an outstanding Marine in active duty, which I was allowed to transfer to the Inspector/Instructor Staff, Echo Company, 23rd Marines, 4th Marine Division Reserve, while I was only the rank of Corporal.  I mainly did everything possible to do to excel and make myself a better Marine and a better person.

After being discharged July 10th, 1999,1 went to an occupational center to upgrade my skills while I was looking for a job.  On November 10th, 1999, I was hired by the Los Angeles Superior Court.  Since that date, I have worked in the Misdemeanor, Felony, and Bond Section of the Los Angeles Superior Court in downtown Los Angeles.  While I maintain a full time position in the courts, I also have worked part-time at two other locations.  I worked one year as a salesman selling washers and dryers at Sears Roebuck & Co.  I decided to leave Sears because of the reduction of sales after the terrorist attack on Sept. 11, in New York.  During the time I left Sears I attended college and then started to work at another pad-time job while still working for the courts.  I worked for 1 year and 4 months at United Independent Taxi Co. dispatching a taxi fleet of about 700 taxi cabs and processing orders from customers through a computer and using multiple phone lines.  In March of 2004, I transferred to the Santa Monica Court, in which has allowed me to attend college.  To this date I have been doing both traffic and criminal matters in this court, and I am currently attending school.

Since my discharge date, I feel I have helped my community, state, and country.  I worked as a County Pollworker for the March 2004 Primary Election, in which I received a Certificate of Appreciation.  On November 2, 2004, I will be working as an Inspector for the Presidential Election.  While working for the downtown Los Angeles Superior Court, Criminal Department, I also worked as a Shop Steward for Local 660 SEIU, a Los Angeles County Employees Association protecting employees in the workplace.  I received a Special Award on June 20, 2003, for contributing in achieving victory in the Legal Processing Unit Agency Shop Campaign.  While working for the courts, I also encourage young high school kids and college student workers at the workplace to apply for better positions and even encourage them to enlist the service.  To this date, there is a young man that feel has followed my footsteps and is an example of the type of work and encouragement that I give to young people.  He was a volunteer at the court while he was on his high school two month vacation.  After his high school graduation, he later applied for the college student worker program at the court and was hired, but was laid off month’s later, do to the budget crisis at the court, and in the state of California.  While he was at the court he enlisted and is currently a Marine Reservist.  I want to set a good example to my three daughters and every kid that I have contact with.  When I first signed up to join the Marines I have always had good words to say about being in the service and especially being in with the Marines.  I still remember when my recruiter first told me that I was one of the only few people that had walked into the recruiting station and said, “I want to be a Marine!”  My recruiter also asked me if I wanted to go to boot camp before my date, and I was so eager to become a Marine that I said, “yes!”  So, on January 10,1996,1 went to Marine Corps Recruit Depot, San Diego.

While I was going through my marital problem my last couple of months in the service, I would talk to the people that I worked with in my unit, including the people that where in charge of me.  It was my first year being married and first time living with my wife and first daughter.  I would ask for help and they did not help me.  I would try to go to seek help to the hospital, but it was way too far for me to go, it was about 75 miles away from home.  On June 1, 1999, I was given a Notification of Separation Proceedings and an Acknowledgement of My Rights to be Exercised or Waived During Separation Proceedings.  I had no idea what I was really signing and initialing.  I really thought that my fellow Marines where helping me...  They told me that they wanted to help me by sending me to Los Angeles with my family, so that we can work things out.  I never thought that they where going to ruin my military career and do something, so that I would never join any military service again.  I really needed help those last few months of my military service from my fellow Marines.  To this date, I am still married to my wife, with three beautiful daughters, and I’ll I think about is about going back in...

Since my discharged date I have been trying to go back into the service.  Calling recruiters, sending applications to places that I think need to be done, and asking for advice on what I can do, so that I can go back into the service.  I do have intentions to re-enlist in active duty or as a reservist.  I do understand that the first process is to change my discharge to honorable and then request for my RE-CODE to change.  About a year and a half or two I went to the American Legion in Downtown Los Angeles, California, Patriotic Hall, and submitted paperwork to a person named R_ (telephone number deleted), so that they can help me with my requests.  In the month of May, 2004, I called your office (202) 685-6600, and they told me that there was no record of my paperwork being sent or received.  To this date I don’t know what happened to my paperwork and don’t know where the person that had my paperwork from the American Legion transferred to.  On October 1st, 2004, I am sending my paperwork to The Veterans of Foreign Affairs, 1722 Eye St., NM, Room 207, Washington, DC 20421.  (202) 530-9385.  I have requested to be represented by them.  Can you please process my application as soon as possible and if the Board decides not to grant my request, can I please get something in writing explaining to me what I can do to make my dream that is not finished, to become true.  Please let me continue to finish my duty in the military and continue defending my country.  Thank you...

I am enclosing DD FORM 293, including this 3 page, letter attached, and copies of the following supporting documents:

(a)  DD FORM 214 copy #4, (member-4)

(b)  Letter of Recommendation (Los Angeles Superior Court, Santa Monica), dated May, 26 2004

(c)  Letter of Recommendation (Los Angeles Superior Court, Los Angeles), dated May 27, 2004

(d)  Letter of Recommendation (United Independent Taxi), dated May 27, 2004

(e)  Letter of Recommendation (Local 660 SEIU), dated May 27, 2004

(f)  Corporal’s Leadership Course Diploma, dated August 27, 1998

(g)  Meritorious Mast, dated October 28,1996

(h)  Certificate of Commendation, dated February 12, 1997

(i)  Certificate of Commendation, dated July 10, 1998

(j)  Certificate of Commendation, dated July 22, 1998

(k)  Meritorious Promotion to Private First Class, dated November 22,1995

(l)  Promotion to Lance Corporal, dated October 1, 1996

(m)  Meritorious Promotion to Corporal, dated December 2,1997

(n)  Certificate of Good Conduct, dated January 9, 1999

(o)  Certificate of Appreciation (County Pollworker), dated March 2, 2004

(p)  Letter of Appreciation (County Pollworker), dated March 6, 2004

(q)  Special Award (Local 660 SEIU), dated June 20, 2003

(r)  Letter (Navy Council of Personnel Boards), dated August 16,1999

(s)  Letter (Board of Correction of Naval Records), dated October 8,1999

(t)  Letter (Navy Council of Personnel Boards), dated April 12, 2000

(u)  DD FORM 293 (receipt date, August 12, 1999)

(v)  DD FORM 149 (receipt date, September10, 1999)

(w)  DD FORM 293 (receipt date, April 10,2000), attachment induded

(x)  No Contact Orders, dated May 27,1999

(y)  Letter (Administrative Discharge), dated June 21, 1999

(z)  Letter(Notification of Separation Proceedings), dated June 1,1999

(aa)  Letter (Acknowledgement of my Rights to be Exercised or Waived During Separation Proceedings), dated June 1, 1999

(bb)  Letter (Department of Veterans Affairs), dated October 29,1999

Sincerely,
[signed] (Applicant)
(social security number deleted)”

Additional issues submitted by Applicant’s counsel/representative (Veterans of Foreign Wars):

1.  “Propriety or Equity Issue(s):  The applicant’s mental instability was an isolated event and should not preclude his re-enlistment into the armed forces of the United States.

Statement:  In accordance with 32 CFR § 724, and SECNAVINST 5420.174D, the Veterans of Foreign Wars submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to the Applicant’s petition.

The applicant is seeking to upgrade his discharge from General under Honorable conditions to Honorable, and further asks for a re-enlistment code which will not preclude his re-enlistment into the United States Marine Corps.  The applicant faithfully served from 1/10/96 to 7/10/99, and was not the subject of any adverse action excepting the violation of Article 92 of the UCMJ in February of 1999.  In support of his request, the applicant has submitted several letters attesting to his mental stability and the strength of his character.  His records paint a picture of a well decorated and faithful young Marine, who may have had a momentary problem with lucidity, but is deserving of a second chance.

The Veterans of Foreign Wars’ express purpose in providing this statement and any other submittals or evidence filed is to assist this applicant in the clarification and resolution of the impropriety or inequity raised.  To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 USC § 1553, and set forth in 32 CFR § 724 and SECNAVINST 5420.174D.

This case is now respectfully submitted for deliberation and disposition.”

Documentation

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

Applicant’s DD Form 214
Character Reference Letter from N_ B_, dated 26 May 2004
Character Reference Letter from J_ R. A_, dated 27 May 2004
Character Reference Letter from L_ R. C_, dated 27 May 2004
Character Reference Letter from S_ S_, dated 27 May 2004
Corporal’s Leadership Course Diploma, dated 27 Aug 1998
Meritorious Mast, dated 28 Oct 1996
Certificate of Commendation, dated 12 Feb 1997
Certificate of Commendation, dated 19 Jul 1998
Certificate of Commendation, dated 22 Jul 1998
Certificate of Recognition, dated 22 Nov 1995
Promotion to Lance Corporal, dated 01 Oct 1996
Meritorious Promotion to Corporal, dated 02 Dec 1997
Certificate of Good Conduct, dated 09 Jan 1999
Certificate of Appreciation, Registrar Recorder/County Clerk, dated 06 May 2004
Thank You Letter, dated 06 May 2004
Special Award, dated 20 Jun 2003
Letter from NDRB, dated 16 Aug 1999
Letter from BCNR, dated 08 Oct 1999
Letter from NDRB, dated 12 Apr 2000
DD Form 293 and issues from Applicant (4 pages)
No Contact Orders, dated 27 May 1999 (2 copies)
Administrative Discharge Package (4 pages) (2 copies)
Letter from VA, dated 29 Oct 1999 (2 copies)
Letter from Applicant, dated 17 Nov 2004 (2 pages)
Performance Appraisal Form (3 pages)
Polygraph Examination Appointment
Letter from Registrar Recorder/County Clerk, dated 07 Oct 2004
Letter from Department of California Highway Patrol, dated 07 Sep 2004
Letter from Department of California Highway Patrol, dated 09 Sep 2004
Letter from Department of California Highway Patrol, dated 14 Sep 2004
Letter from Department of California Highway Patrol, dated 14 Sep 2004
Letter from City of Los Angeles, dated 01 Oct 2004 (2 pages)

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive: USMCR(J)		951019 - 960109	COG

Period of Service Under Review:

Date of Enlistment:  960110		Date of Discharge:  990710

Length of Service (years, months, days):

	Active:    03  06  00
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 (22 months extension)

Education Level:  12			AFQT:  68

Highest Rank:  Cpl			MOS:  0121

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (11)			Conduct:  4.3 (11)

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, MM, COC (3), Rifle Marksmanship Badge, Pistol Marksmanship 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:

990203:	NJP for violation of UCMJ, Article 92:  Failure to obey order or regulation, on or about 990130 was outside of set liberty boundaries.
Awarded reduction to E-3, suspended 6 months.  Not appealed.

990204:	Counseled for deficiencies in performance and conduct.  [Nonjudicial punishment held on 990203 for violation of Article 92, UCMJ:  Specifically failure to obey an order or regulation.]  Necessary corrective actions explained and sources of assistance provided.

990216:	Punishment of NJP suspended on 990203 is vacated and the punishment is ordered executed this date.

990306:	Counseled for deficiencies in performance and conduct.  [Violation of Article 86, UCMJ:  failure to go to appointed place of duty on 990216 and prior history of continued violations of Article 86, of the UCMJ:  UA.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990526:	Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was of such severity as to render the Applicant incapable of serving adequately in the Navy.  Although not suicidal or homicidal, Applicant is judged to represent a continuing risk to self or others if retained in the Naval service.

	AXIS I:  Adjustment Disorder with Disturbance of Conduct 309.3
	
	AXIS II:  Personality Disorder, not otherwise specified

	AXIS III:  Post OD with INH

990601:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) for the convenience of the government due to a personality disorder, as demonstrated by Applicant’s three suicide attempts.

990601:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and the right to submit a statement in rebuttal to the proposed separation.

990602:	Applicant’s statement to Commanding General, 4th Marine Division.

990603:	Inspector Instructor, Echo Company, 2d Battalion, 23d Marines, recommended discharge with a general (under honorable conditions) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation and three suicide attempts.

990604:	Inspector Instructor, 2d Battalion, 23d Marines, forwarded request for separation and recommended approval.

990621:	SJA review determined the case sufficient in law and fact.

990701:	Commander, Marine Forces Reserve, directed the Applicant's discharge with a general (under honorable conditions) 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 19990710 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:  Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question.  No such impropriety or inequity is evident during the Applicant’s enlistment.  The Applicant was diagnosed by competent medical authority with a personality disorder of such severity as to render him incapable of serving adequately in the military.  This diagnosis resulted in the Applicant’s discharge by reason of convenience of the government due to a personality disorder.  When the service of a member of the Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge is warranted for behavior not sufficiently meritorious to warrant an honorable discharge.  The Applicant’s service was marred by nonjudicial punishment proceedings for a violation of Article 92 of the UCMJ for an orders violation.  The Applicant also received a Page 11 counseling for a violation of Article 86 of the UCMJ, unauthorized absence form place of duty.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service.  Relief is not warranted.

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 naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient documentation for the Board to consider.  Relief denied.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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 31 August 2001.

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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

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