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

ex-PFC, USMC
Docket No. MD05-00181

Applicant’s Request

The application for discharge review was received on 20041103.  The Applicant requested the characterization of service received at the time of discharge be changed to honorable.  The Applicant requested a documentary record review.  The Applicant did not list a representative on her DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050118.  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 have been a good citizen since discharge.  I volunteer at Lincoln City Rehabilitation Center.  I help seniors with activities, play games & visit with them & help feed those who can’t feed themselves.  I am also in training to become a certified nurse’s assistant.

2.  Personal problems impaired my ability to serve.  A week after I was married my husband went to Iraq.  He was there 8 months, came home for 5 months, then was re-deployed to Iraq for another 7 months.

3.  Medical or physical problems impaired my ability to serve.  I suffered from severe depression, anorexia & bulimia due to stress of my husband’s deployment.  I had a hard time adjusting to our separation.

4.  Certain other problems impaired my ability to serve.  I had 2 very close relatives pass away while I was away from home.  I felt very guilty that I couldn’t come home for the funerals and support my family.  It added to my depression.

Note:  I ordered a copy of my service personnel file.  It was sent to me on CD.  I was unable to open it, as was the veteran service officer and a couple of close friends.  I could not print out a copy to send to you.  I will send you the CD if you need it.  See Attached Request.”

Documentation

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

Applicant’s DD Form 214
Military Personnel Records request (2 pages)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR (J)		010911 - 020101	COG

Period of Service Under Review:

Date of Enlistment:  020102		Date of Discharge:  030811

Length of Service (years, months, days):

	Active:    01  07  10
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  42

Highest Rank:  PFC			MOS:  3381 (Food Service Specialist)

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF*			Conduct:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

*No Marks Found in service record book.

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:

010911:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Enlistment waiver was granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

030116:	Counseled for deficiencies in performance and conduct.  [Assignment to the Marine Corps Body Composition Program.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030701:	Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired.  She was diagnosed with a Personality Disorder, Not Otherwise Specified, with Dependent and Borderline Features.  Associated behaviors, which rendered the Applicant unsuitable for further military service, included “a potential danger to self.”

030718:	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 and her inability to function within her command as well as presenting a danger to herself.

030718:	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 psychological evaluation.  The factual basis for this recommendation was her inability to function within her command as well as presenting a danger to herself demonstrating she was unsuitable for further service. 

030719:	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.

030806:	SJA review determined the case sufficient in law and fact. 

030806:	GCMCA [Commanding General, 2d Marine Division] 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 20030811 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:  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 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, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.  At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate her misconduct while on active duty.  Relief denied.

Issues 2 - 4:  While the Applicant may feel her husband’s deployment cycle to Iraq, missing the funerals of a few close relatives and her depression related health problems were a contributing factors to her separation from the service, the fact remains, she was diagnosed with a "Personality Disorder, Not Otherwise Specified with dependent and borderline features" by the division Psychiatrist at the Office of the Division Psychiatrist, Camp Lejeune, North Carolina and was recommended for expeditious administrative separation from the United States Marine Corps.  The Board finds the Reason for Discharge reflects the Applicant's mental health status at the time of her separation form the service, and considers her discharge to have been proper and equitable at the time of issuance.  "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge.  After a complete review of the available records, including the evidence submitted by the Applicant, and the adverse counseling entry (Page 11), the Board found that the Applicant’s characterization of discharge was appropriate.  Relief denied.

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 additional documentation to support any claims of post-service accomplishments 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 P1900.16F), effective 02 Sep 01 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 5420.174D 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