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

ex-LCpl, USMC
Docket No. MD04-01059

Applicant’s Request

The application for discharge review was received on 20040617.  The Applicant requested the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293. Subsequently to the application, the Applicant obtained the American Legion as her representative.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041022.  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 recently finished school and applied for the G.I. Bill for reimbursement.  I talked to a VA. Representative, she said I might not be able to get reimbursement for school because I got a General discharge.  I was discharged because of Bipolar disorder/Depression.  A Doctor recommended I be discharged immediately.  When I did get out they handed me a General discharge.  When I told the VA representative that, she advised me to get a review of my discharge immediately because, I should have got an Honorable Discharge if being released on a disability.”

Additional issues submitted by Applicant’s counsel/representative (AMERICAN LEGION):

2.  “Equity Issue:  Based on our review of evidentiary record and on behalf of this former member, we request that the Board consider provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.
_______________________________________________________________________

In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. 

Review of the service record reveals that this former member maintained satisfactory PRO/CON markings of 4.2/4.3 and earned the RSB.  She had 2 counseling entries and was awarded NJP on 000228 for VUCMJ, Art. 86 and NJP on 000510 for VUCMJ, Arts. 91, 92, 108. On 010802, she received a psychological evaluation that produced a diagnosis for depressive disorder, single episode and borderline personality disorder.  She was recommended for administrative separation due to the conditions. Following due process notifications, she was discharged General (Under Honorable Conditions) due to a personality disorder as authorized by MARCORSEPMAN, Par. 6311.

Essentially, as noted on DD Form 293, this Applicant is requesting that her discharge be upgraded because the basis of her discharge was beyond her control and because she has been denied the MGIB benefits that she contributed to. She has not submitted any additional documentation beyond copies of her service records for consideration.

The American Legion’s 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 U.S.C., section 1553, and set forth in 32 C.F.R., part 724 and SECNAVINST 5420.174C, enclosure (1). 

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 (Member – 1 & 4)
Medical Records (2 pages)

PART II - SUMMARY OF SERVICE

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

	Active:   			None			HON
	Inactive: USMCR (J)		990309 - 990321	COG

Period of Service Under Review:

Date of Enlistment:  990322		Date of Discharge:  011107

Length of Service (years, months, days):

	Active:    02  07  11  (Accounts for lost time)
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  63

Highest Rank:  LCpl			MOS:  3533, Logistics Vehicle Operator

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (2)			Conduct:  4.4 (2)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  (010517-010521) 5

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:

000228:	NJP for violation of UCMJ, Article 86:  … absent herself from her appointed place of duty.
Awarded forfeiture of $273.00 per month for 1 month, and 10 days restriction and extra duties.  Not appealed.

000508:	NJP for violation of UCMJ, Article 92:  … violate an order given to her by a NCO.
NJP for violation of UCMJ, Article 91:  … show insubordinate conduct toward a NCO.
NJP for violation of UCMJ, Article 108:  … willfully damage a GOV (M813/57424) as a result of her neglect.
Awarded forfeiture of $273.00 per month for 1 month, and 10 days restriction and extra duties.  Forf, restriction and extra duties susp for 6 mos.  Not appealed.

000705:	Counseled for deficiencies in performance and conduct.  [Physical Fitness Test Failure.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000716:	Counseled for deficiencies in performance and conduct.  [Violation of Article 108 of the UCMJ … lose her military identification card.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010802:	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.  “In addition to her current depression problems, (the Applicant) has had chronic problems adapting to military life because of long-standing personality problems.  …  All her life, she has had problems with impulsivity, mood instability, chronic anger, … and a tendency to become paranoid and fearful of others.

	AXIS I:  Depressive disorder, single episode
	
	AXIS II:  Borderline Personality Disorder

010928:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder.

010928:	Applicant advised of her rights and having consulted 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.

010928:	Commanding Officer recommended discharge with a general (under honorable conditions) characterization of service by reason of 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 the Applicant’s “diagnosis of a severe personality disorder.”

011012:	SJA review determined the case sufficient in law and fact.

011106:	GCMCA [Commander, 1st Force Service Support Group] directed the Applicant's separation from the service with a general discharge 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 20011107 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).

Issues 1 & 2:  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.  This issue does not serve to provide a foundation upon which the Board can grant relief.

The applicant was diagnosed with a "Personality Disorder" by a Staff Psychiatrist at the Psychiatry Department, Naval Hospital, Camp Pendleton, CA, and was recommended for expeditious administrative separation from the Marine Corps.  The Board finds the Reason for Discharge reflects the Applicant's mental health status at the time of her discharge, and the discharge was proper and equitable at the time of issuance.  "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge.  Additionally, the record does not support the Applicants contention that she was discharged with a disability.  The full description of the separation code she was discharged under is “Involuntary discharge – Condition not a disability, Personality Disorder (no board).”  No other Reason for Separation could more clearly describe why the Applicant was discharged.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board discovered no impropriety or inequity and considers her discharge proper and equitable. Relief is therefore denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  This issue does not serve to provide a foundation upon which the Board can grant relief.  

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 5420.174C 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