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

 ex-LCpl, USMC
Docket No. MD04-00509

Applicant’s Request

The application for discharge review was received on 20040204.  The Applicant requested the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “Blank or None.”  The Applicant requests a documentary record review.  The Applicant did not list a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040827.  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 and reason for 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 wish to have my discharge upgraded, from a General, under Honorable Conditions, to an Honorable Discharge.  I wish my Re-enlistment code to be changed as well.  I have included a photocopy of my DD214.  I wish to re-enlist into the Marine Corps, and I wish to make full use of my Montgomery GI Bill, something which I am apparently not able to use.

I personally believe that the diagnosis and circumstances of my discharge were a mistake.  I realize now that I did not take full advantage of the opportunities that I had given me.  I wish to have this changed, so that I can do my part during this difficult time for our country.

Please give me the opportunity to finish what I started.”

Documentation

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

Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   			None			HON
	Inactive: USMCR (J)		980325 - 980825	COG

Period of Service Under Review:

Date of Enlistment:  980826		Date of Discharge:  010503

Length of Service (years, months, days):

	Active:    02  08  08
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  67

Highest Rank:  LCpl  (MOS:  0121, Personnel Clerk)

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (7)			Conduct:  3.9 (7)

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC

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:

980319:	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.

000114:	Counseled for deficiencies in performance and conduct.  [Not recommended for promotion to Cpl due to PFT failure.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001017:	Counseled for deficiencies in performance and conduct.  [Lack of dependability and inability to follow orders.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001130:	Counseled for deficiencies in performance and conduct.  [Not recommended for promotion to Cpl due to PFT failure.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001220:	Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.  His personality disorder was evidenced by the Applicant’s deceitfulness, irresponsibility, lack of remorse, grandiosity, interpersonal exploitation, lack of empathy and an arrogant attitude.

	AXIS I:  None
	
	AXIS II:  Personality Disorder NOS (Cluster B Traits)
	                Narcissistic Personality Disorder
	                Antisocial traits

010108:	Counseled for deficiencies in performance and conduct.  [Failure to meet Marine Corps height and weight standards.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010402:	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 psychological evaluation.

010402:	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.

010403:	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.

010423:	SJA review determined the case sufficient in law and fact.

010423:	GCMCA [Commanding General, 2d Marine Aircraft Wing] directed the Applicant's discharge under honorable conditions (general) by reason of convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010503 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:  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.  This issue does not provide a foundation upon which the Board can grant relief.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB).  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits. As with a request to change an “RE”code, this issue does not provide a foundation upon which the Board can grant relief.

After a complete review of the entire record, including the evidence submitted by the Applicant, the Board found that the Applicant’s characterization and reason for discharge was appropriate.  The applicant was diagnosed with a "Personality Disorder NOS (Cluster B Traits), Narcissistic Personality Disorder and Antisocial traits" by a Clinical Psychologist, at the Psychology Clinic, Naval Hospital, Cherry Point, NC, and was recommended for expeditious administrative separation from the Marine Corps.  Hence, the Board finds the Reason for Discharge reflects the applicant's mental health status at the time of his separation, and his discharge was proper and equitable at the time of issuance.  "Personality Disorder" is an accurate narrative description for the applicant's discharge.  The contention “that the diagnosis and circumstances of my discharge were a mistake,” or the implication that the personality disorder no longer exists does not provide a legitimate basis to revise official records, which were accurate at the time of issuance. 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 P1900.16E), 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 5420.174C 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