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NAVY | DRB | 1997_Navy | ND97-01368
Original file (ND97-01368.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND97-01368


 Applicant’s Request
The application for discharge review, received 970912, requested that the characterization of service on the discharge be changed to honorable and listed no representative on her DD-293. On 971003, the applicant obtained representation by the American Legion.


Summary of Review

A documentary discharge review was conducted in Washington, D.C. on 980914. The NDRB determined that the discharge properly and equitably reflects the quality of service rendered. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

SEPARATION CODE KFX. FINDING A IS EFFECTIVE 940722 -960623. FINDINGS B, AND C ARE EFFECTIVE 940722 -961002. A general discharge is written GENERAL (UNDER HONORABLE CONDITIONS).

PART I - APPLICANT’S ISSUES (verbatim)


 1. (EQUITY ISSUE) Her deficiencies of record notwithstanding, this former member opines that the quality of her service for the most part met acceptable standards of conduct and performance of duty for naval personnel and that it is inequitable not to grant her an Honorable characterization of service.

2. (EQUITY ISSUE) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of her application.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active:  None
         Inactive:        USNR (DEP)                940204 - 940327  COG

 Period of Service Under Review :
Date of Enlistment: 940328                        Date of Discharge: 950619

 Length of Service (years, months, days):

         Active: 01 02 22
         Inactive: None

 Age at Entry: 24                                   Years Contracted: 4

 Education Level: 12                                 AFQT: 87

 NEC: DG-9710                              Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB (1)              Behavior: NOB (1)                 OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Nonjudicial Punishment(s): None           Court(s)-Martial: None

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge:
GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART III - CHRONOLOGICAL LISTING OF SIGNIFICANT SERVICE EVENTS1


 941017:          Joined Basic Electronics Technician (ET) Class “A” School at Service School Command (SERVSCOLCOM), Great Lakes, IL.
941014:  Letter of Appreciation for “. . . superb performance while attending Electronics Technician “A” School . . .”
941018:  Student Evaluation Record (SER): Financial counseling.

 941209:  SER: Failed third homework assignment. “A very good student. Should do well on the area exam.”
950109:  SER: Failed micro area exam, assigned remedial exam.
950115:  SER: “T/E could work harder but does ask plenty of question in class. She did fail her blitz but should do ok in the area.”

950202:  SER: “Room inspect – unsat 7”.

950213:  SER: “Above avg CRC & CRP tries very hard to grasp the material. Sits in front and asks lots of Q’s to clarify s/m should pass the area with minor difficulty.”

950224:  Mental Health Unit (MHU), Naval Hospital (NAVHOSP) Great Lakes, IL: “ Presenting Complaint: The patient complained of dissatisfaction with the navy since enlistment and periodic depressed mood in context of her service. However, she ‘kept hoping it would get better’ and struggled to adapt to the navy. Since she married her husband 6 weeks ago (they dated for 3 months), she has found it increasingly difficult to adapt to the navy. She feels torn between her roles as a military member and a wife. She worries about her performance at ET school, a school she did not really want and does not enjoy. She noted that while at school she generally feels anxious and depressed. Her husband is her primary source of encouragement and support, but he is being transferred in one month while the patient must remain at this duty station for the next four months at least. The patient is worried about how she will cope without him. Although the patient reported increased depressed mood and crying spells during the work week, she denied such while at home on weekends.” Diagnosed with “1. R/O Adjustment Disorder 2. Occupational Problem 3. Dependent traits R/O PD” and recommended “1. Pt is psychologically fit for duty at this time. 2. Will obtain MCMI to aid in diagnosis. 3. F/U in one week to complete evaluation.”

950228:  SER: “This T/E is easily excitable. If an instructor makes a mistake, catches it, and corrects it. It seems to be the end of the world. Her ‘problems’ as stated on past pre-board sheets may be the cause. If she just relaxes and don’t let thing get to her she will do fine. Above avg CRC/CRP. Missed some class due to ‘problems’, but should do well on exam/PT.”

950303:  MHU, NAVHOSP Great Lakes, IL: Diagnosed with occupational problem and dependent personality disorder with avoidant and passive-aggressive traits; recommended “1. Pt is psychologically fit for duty at this time but is considered unsuitable for Naval service on the basis of a personality disorder. 2. Routine administrative separation [ADSEP] is recommended.”

950308:  MHU, NAVHOSP Great Lakes, IL: “Pt present for USU in distress 2 o home preg test last night was [positive]. Pt LMP 6 Feb. Classmate told her she couldn’t be separated @ or transferred while pregnant. She is anxious about this. Reassured pt one can be PCS’d while pregnant (although not overseas if in 3 rd trimester). To the best of this writer’s knowledge, I informed pt that I knew of no instruction that would prevent her separation while preg if no medical complications. Pt was reassured. I advised her to read the NAVMILPERSMAN & OPNAV instructions pertaining to pregnancy herself. She plans to do this.” Diagnosed with a dependent personality disorder with avoidant and passive aggressive traits (in mild crisis, now resolved), and recommended return to duty for routine ADSEP processing.

950316:  SER: “C44 → 3EAH, pending ADSEP.”

950316:  Advanced to E-3.

950320:  “Pt presented wanting to know if there is some way to speed up the discharge (she has heard about expeditious recommendation). She doesn’t wan to wait the 30 days for routine adsep. She has also learned she can be separated for pregnancy if she is not willing to sign over custody of the baby (which she is not). Pt frustrated [with] Navy & wants out now. She doesn’t feel she can tolerate separation from husband. At work, she is ‘stressed’, depressed & has crying spells. At home, these sxs resolve.” Recommended psychologically fit for duty and routine ADSEP.

950404:  Retention Warning: Advised of deficiency in performance (a personality disorder manifested by poor impulse control, inconsistent school performance and minor disciplinary infractions (unauthorized absence)), notified of corrective actions and assistance available, advised of the consequences of further deficiencies, and issued a discharge warning. Receipt acknowledged.

950406:  Student Evaluation Report: “Signed Pg 13 for personality disorder/4APR95/counselled”.
950413:  MHU, NAVHOSP Great Lakes, IL: Diagnosed with Axis I: Occupational problem and Axis II: Dependent personality disorder with avoidant and passive-aggressive traits. “1. Pt is psychologically fit for duty at this time but is considered unsuitable for Naval service on the basis of a personality disorder. 2. Routine administrative separation is recommended. 3. Pt has enrolled in the administrative separation group. 4. Pt is not currently suicidal or homicidal and agrees to seek immediate professional assistance should such occur. 5. Proper sleep hygiene and relaxation techniques were discussed with patient.”

950419:  SER: “Removed from class and placed on hold./unsafe in lab/rec ADSEP for personality disorder.”
950530:  Notified of intended recommendation for General (Under Honorable Conditions) discharge by reason of convenience of the government due to a diagnosed personality disorder. Receipt acknowledged.
950530:  Advised of rights and having chosen not to consult with counsel certified under UCMJ Art 27B, elected to waive all rights except the right to obtain copies of documents that would be forwarded to the discharge authority supporting the basis for the proposed separation. Receipt acknowledged.
950612:  Commanding Officer, SERVSCOLCOM Great Lakes, IL directed the applicant’s General (Under Honorable Conditions) discharge by reason of convenience of the government due to a diagnosed personality disorder . Commanding officer’s verbatim comments: I concur with the staff psychiatrist recommendation for the separation of SN S_ from the naval service on the basis of a personality disorder. SN S_’s personality disorder has significantly impaired her ability to perform in the Navy and has resulted in poor school performance and administrative action. SN S_ is considered to have no further potential for naval service. Pursuant to [MILPERSMAN Chapter 36], I direct that Personnel Support Activity Detachment, Great Lakes separate SN S_ from the Navy with a discharge characterized as General Under Honorable Conditions.

950619:  Applicant discharged GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

RECORDER’S NOTES:

 1 The source for all entries is the service record (includes medical/dental record) unless otherwise noted.

PART IV - EXTRACT OF PERTINENT REGULATION/LAW
A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 23 Jun 96), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT, states:

1. Special court-martial convening authorities (SPCMCAs) per Article 3610220, or Chief of Naval Personnel (CHNAVPERS), may authorize or direct the separation of enlisted or inducted members prior to the expiration of enlistment or other obligated service for any one of the following reasons:

a. Hardship. Upon request of the member, separation may be directed when genuine undue hardship exists. Procedures for submission of hardship requests are prescribed in Article 3620210.
b. Parenthood. A member, who is unable to perform duties assigned, is repetitively absent from duty, or is unavailable for worldwide assignment or deployment due to parenthood, may be separated under this provision. Procedures and guidelines are contained in Article 3620215.

c. Pregnancy/Childbirth. Upon request of member. Procedures and guidelines are prescribed in Article 3620220.

d. To Further Education. A member may be separated within 3 months of the expiration of enlistment to attend an institution of higher education (college or university), vocational or technical school. The Deputy CHNAVPERS is the separation approving authority and not the member's commanding officer. Procedures and guidelines are prescribed in Article 3620235.

e. Conscientious Objection. A member may be separated if authorized under DOD Directive 1300.6, Conscientious Objectors. Procedures for submission of application are prescribed in Article 1860120.

f. Surviving Family Member. A member may be separated if authorized under DOD Directive 1315.15, Special Separation Policies For Survivorship. Procedures and guidelines are prescribed in Article 3620240.

g. Other Designated Physical or Mental Condition. Member may be separated on the basis of designated physical or mental conditions considered inherent or developmental defects that do not constitute a physical disability. Such conditions would be those considered to interfere with a member's performance of duty or pose a threat to his or her safety or well being, and may further render an individual incompatible with the naval service. These conditions include, but are not limited to, somnambulism (sleepwalking), enuresis (bedwetting), personality disorders (as described in the Diagnostic and Statistical Manual (DSM III) of Mental Disorders), motion/air sickness, allergies, and excessive height. Commanding officers with SPCMCA have the authority per Article 3610220 to effect the separation of a member processed under this provision provided all disciplinary action including punishments awarded for any pending offenses has been completed, and the member does not object to the separation. Members processed for personality disorder must have received counseling per Article 3620260.5 concerning their deficiencies. Should member object to the separation, forward the completed case to CHNAVPERS (Pers-254) for final determination. In most cases, a Medical Board is neither required nor desired; however, to ensure adequate evaluation to rule out any underlying disease and to ensure establishment of the diagnosis, the following minimum documentation is required and must be presented with each request:

(1) Somnambulism

- Sworn statements from military members documenting at least one sleepwalking episode. The episode must be witnessed by at least two military members.

- Copy of medical evaluation (must be legible copies or signed transcriptions thereof). Diagnosis of somnambulism required.

- Copy of Page 9 (NAVPERS 1070/609, Enlisted Performance Record).

(2) Enuresis

- Urological Evaluation (must be legible copies or signed transcriptions thereof)

- Copy of Page 9 (NAVPERS 1070/609)

(3) Personality Disorders. Member may be separated under this provision when the personality disorder interferes with the member's performance of duty or poses a threat to member's safety or well-being, and further renders an individual incompatible with the naval service. Procedures and guidelines are prescribed in Article 3620225.

(4) Motion/Air Sickness

- Otolaryngology (ENT) Consultation (must be legible copies or signed transcriptions thereof)

- Copy of health record entries relating to treatment of condition

- Copy of Page 9 (NAVPERS 1070/609)

(5) Allergies

- Allergy/Internal Medicine Evaluation (must be legible copies or signed transcriptions thereof)

- Copy of Page 9 (NAVPERS 1070/609)

(6) Excessive Height

- Orthopedics Consultation (must be legible copies or signed transcriptions thereof.)

- Copy of Page 9 (NAVPERS 1070/609)

h. Aliens. A member who is an alien may be separated at the member's request, with the concurrence of CHNAVPERS (Pers-254), on the basis of being an alien who no longer wishes to serve. For the purposes of this article, an alien is defined as an individual who is not a natural born nor a naturalized citizen of the United States (see Article 3620250).

i. Upon the written request of a member enrolled in any of the Navy Officer Candidate Programs, including the Naval Academy, to be disenrolled from such program; or when a member of any of the Officer Candidate Programs, including Naval Academy, is disenrolled from or fails to satisfactorily meet any of the requirements for completion of the officer candidate program in which enrolled, provided the member is not considered qualified for enlisted status. The Chief of Naval Education and Training is authorized to approve the discharge of members disenrolled from such programs, except Naval Academy and the Nuclear Power Officer Candidate (NUPOC) Program. Under the direction of the Chief of Naval Education and Training and the Chief of Naval Air Training, the Commander, Navy Recruiting Command and the Commanding Officer, Naval Aviation Schools Command is authorized to approve the discharge of members disenrolled from the Aviation Officer Candidate (AOC), Naval Flight Officer Candidate (NFOC), Air Intelligence Officer Candidate (AI), Aviation Maintenance Officer Candidate (AMDOC), and Aviation Reserve Officer Candidate (AVROC) Programs. Commanding officers of Navy Recruiting Districts, with the Commander, Navy Recruiting Command concurrence, are authorized to approve the discharge of inactive members awaiting attendance at Officer Candidate School (OCS) or Aviation Officer Candidate School (AOCS), or other officer accession programs, who no longer meet eligibility criteria. Since discharge of members from the Naval Academy is subject to approval of the Secretary of the Navy or the President according to 10 U.S.C. 6961 and 6963, these requests and all other requests for separation under this provision are to be forwarded to CHNAVPERS (Pers-822) for determination. Forward discharge requests for those members disenrolled from the Nuclear Power Officer Candidate (NUPOC) Program to CHNAVPERS (Pers-24) for determination.

j. Review Action. A member may be separated if the member is placed on appellate leave awaiting review of a punitive discharge, per SECNAVINST 1050.1, and whose punitive discharge is set aside, suspended, remitted, or disapproved during the review process.

2. Full information regarding the reason for separation and a recommendation concerning reenlistment based upon enlisted performance evaluation shall be entered on NAVPERS 1070/613, Administrative Remarks (Page 13) of the service record in connection with all cases within the purview of this article.

3. Characterization of service or description of separation shall be Honorable, General, or Entry Level Separation following guidance in Article 3610300.

4. Separation processing for parenthood or personality disorders may not be initiated until the member has been counseled by his or her command concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected on an appropriate Page 13 service record entry (see Article 3610260.5).

5. Dual or multiple processing is required whenever members have misconduct in their service record and is being processed for any of the reasons set forth in this article.

B. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER, states:

1. Separation may be directed by Chief of Naval Personnel (CHNAVPERS) (Pers-254) or officer with special court-martial convening authority (SPCMCA) (see Article 3610220), when member has been diagnosed with a personality disorder (as described in the Diagnostic and Statistical Manual (DSM III) of Mental Disorders) and such disorder is so severe that member's ability to function effectively in the military environment is significantly impaired, interferes with a member's performance of duty, or poses a threat to his or her safety or well-being.

2. The commanding officer is the initial authority responsible for determining if and when a member shall be processed for separation by reason of convenience of the Government on the basis of personality disorder.

3. When a member is referred for psychiatric evaluation because of a possible personality disorder, commanding officers are expected to maintain liaison with the medical authority to find out if any particular action of the command might assist the member in adjusting to naval service. In this regard, medical authorities will be furnished with service records and any other available documents of the member's performance to assist in their final evaluation. Information concerning psychiatric evaluations and the evaluations themselves shall not be transmitted through, or by the member concerned, nor should the member be led to believe that separation is or is not assured.

4. Members may be separated for personality disorders provided:

a. Medical diagnosis is made by a competent military medical authority which concludes that member's disorder is so severe that the member's ability to function effectively in the military environment is significantly impaired. For purpose of this article, military medical authority is defined as a medical officer specializing in psychiatry or a clinical psychologist. The information and any recommendation made by the military medical authority are for command use in determining the proper course of action; however, it must not be construed as the total justification for immediate processing for separation.

b. There is documented evidence that the diagnosis of personality disorder interferes with performance of duty. Evidence such as reduction in performance marks, minor disciplinary infractions, work disruptions, etc., which persist in spite of a reasonable attempt by the command in correcting deficiencies through leadership, non-medical counseling and, when appropriate, disciplinary action would document interference with performance of duty.
        
c. Documented interference must be a part of the commanding officer's endorsement, as mere presence of a personality disorder is not a bar to naval service. The commanding officer's concurrence with medical evaluation for discharge shall cite specific examples of how the diagnosed disorder interferes with the performance of member's duty.

d. Counseling has been initiated whereby members have been advised of their deficiencies and has [sic] been afforded an opportunity to overcome those deficiencies as reflected on an appropriate NAVPERS 1070/613, Administrative Remarks (Page 13) service record entry (see Article 3610260.5).

EXCEPTION. As the only exception to the prescribed policy, the administrative counseling and warning, done on Page 13 in the service record, will not be required in those instances where the medical authority has evaluated members as being self-destructive or a continuing danger to themselves or others. In these cases, immediate processing for administrative separation may be initiated. This does not imply automatic approval of the discharge request, only expeditious consideration. When appropriate, the member may be transferred temporary additional duty (TEMADD) to the nearest separation activity. Temporary duty (TEMDU) transfer will not be authorized until complete documentation is presented indicating a need for transfer and must be authorized by CHNAVPERS (Pers-254). The transferring activity should submit the discharge request prior to transfer of the individual. If this is not possible, the transferring activity is responsible for ensuring that the receiving command has all information necessary to make a comprehensive request.

5. Processing is commenced by use of the Notification procedure (3640200). Discharge requests requiring approval from CHNAVPERS should be sent to Pers-254 for determination. Ensure cases approved by the SPCMCA are sent to Pers-254 with the required documentation.

6. Message requests for personality disorder separation should be reserved for unusual circumstances or for cases where there is immediate danger to the individual or to others. If the necessity arises to submit a message case, the complete psychiatric evaluation must be quoted verbatim.

7. Indicate in the commanding officer's comments if member is transferred or impending transfer from the processing command.

8. If separation processing is warranted for any reason in addition to personality disorder, dual or multiple processing is required. However, if the Administrative Board or Convening Authority (if no Board is convened) determines that the member committed the acts of the other reason, the member shall be separated for that reason.

9. Characterization of service or description of separation shall be Honorable, General, or Entry Level Separation following guidance in Article 3610300.

C. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 940722), Article 3610220, Delegation of Administrative Separation Authority of Enlisted Personnel, states

1. Special court-martial convening authorities (SPCMCAs) are authorized to administratively separate enlisted members in certain circumstances.

a. Officers exercising SPCMCA are delegated authority to separate enlisted members with Honorable, General, or Entry Level Separations for the following reasons where the member does not object to the separation:

(1) Other Designated Physical or Mental Conditions (3620200.1g)

(2) Hardship (3620210)

(3) Parenthood (3620215)

(4) Pregnancy/Childbirth (3620220)

(5) Personality Disorder (3620225)

(6) Surviving Family Member (3620240)

(7) Weight Control Failure (3620260)

(8) Erroneous Enlistment (3620280). Except, if the discharge involves an inactive duty Naval reservist who received a reenlistment bonus, then the Chief of Naval Personnel (CHNAVPERS) (Pers-913) is Separation Authority.

(9) Fraudulent Entry into Naval Service (3630100). In cases where an Other Than Honorable discharge is appropriate and Administrative Board procedures were used, subparagraph lb of this article applies.

(10) Entry Level Performance and Conduct (3630200)

(11) Unsatisfactory Performance (3630300)

(12) Drug Abuse Rehabilitation Failure (3630500)

(13) Alcohol Abuse Rehabilitation Failure (3630550)

 (14) Misconduct (3630600) but only as noted in subparagraph 1b of this article. In all other cases, CHNAVPERS (Pers-83) is Separation Authority.
 (14) Misconduct (3630600) but only as noted in subparagraph lb of this article. In all other cases, CHNAVPERS (Pers-83) is Separation Authority.

(15) Misconduct due to Drug Abuse (3630620) but only in cases where Notification procedures (3640200.5) were used because none of the evidence of drug abuse could be used to discipline or characterize service as Other Than Honorable (see OPNAVINST 5350.4). In all other cases, CHNAVPERS (Pers-83) is Separation Authority.

b. In any case which must be initiated under Administrative Board procedures vice those initiated under the Notification procedures, a SPCMCA is delegated authority to separate the member only if an Administrative Board Was held, recommended separation with an Honorable or General discharge, the member did not object to the separation, and that characterization is consistent with the guidelines in Article 3610300. This general Limitation does not prohibit SPCMCAs from exercising separation authority in misconduct cases using Notification procedures under Article 3630600, where an Other Than Honorable discharge is not authorized such as misconduct due to minor disciplinary infractions in which only minimum processing requirements are met. Regardless of an Administrative Board's recommendation, CHNAVPERS is Separation Authority for the following reasons:

(1) Misconduct due to commission of a serious offense as evidenced by sexual perversion or sexual harassment (3630600.1d).

(2) Misconduct due to drug abuse (3630620), where member could receive an Other Than Honorable discharge and Administrative Board procedures (3640200) were used.

c. CHNAVPERS is Separation Authority for the following

(1) Conscientious objectors (1860120);

(2) Selected Changes in Service Obligation (3620100);

(3) To Further Education (3620235) (Deputy CHNAVPERS is
Separation Authority);
(4) Being an Alien (3620250);
(5) Homosexual Conduct (3630400)

(6) Misconduct (3630600) except as noted in subparagraph lb of this article;

(7) Misconduct due to Drug Abuse (3630620) except, in cases where Notification procedures (3640200) were used and none of the evidence of drug abuse may be used to discipline or characterize service as Other Than Honorable (see OPNAVINST 5350.4), in which case SPCMCAs are Separation Authority;

(8) Security (3630700); and

(9) Unsatisfactory Participation in the Ready Reserve (3630800).

d. Commanding officers of Recruit Training Commands are Separation Authority for members being separated by reason of Defective Enlistments and Inductions Defective Enlistments (3620283). For members not assigned to a Recruit Training Command, CHNAVPERS (Pers-254) is Separation Authority.

e. Commanders of Naval Training Centers authorized to convene a special court-martial are Separation Authority for members being separated by reason of Defective Enlistments and Inductions - Minority (3620285). For members not assigned to Naval Training Centers, CHNAVPERS (Pers-254) is Separation Authority.

f. Commanders of Navy Recruiting Districts are Separation Authority for members being separated from Delayed Entry Program (3630810).

g. The Secretary of the Navy (SECNAV) is Separation Authority for active duty personnel, including active duty for training in excess of 30 days, being separated by reason of physical disability (3620270).

h. SECNAV is Separation Authority for personnel being separated by reason of best interest of the service (3630900). SECNAV is also Separation Authority for Personnel being separated when sole reason for processing is based upon the results of a special or general court-martial not imposing a punitive discharge and an Other Than Honorable characterization is warranted. If a special or general court-martial awards a punitive discharge which is suspended, CHNAVPERS is Separation Authority.

i. Separations under this delegation of authority must be consistent with the following:

(1) SPCMCAs and superiors in chain of command must ensure value of an Honorable discharge is maintained. Commanders with questions are encouraged to obtain advice or review from the Bureau of Naval Personnel (BUPERS) before approving discharges (appropriate BUPERS telephone numbers are Listed in Article 3610260.15);

(2) authority to separate a member with an Other Than Honorable discharge rests with CHNAVPERS and is not further delegated except as provided in Article 3630650 (separation in Lieu of trial by court-martial) where general court-martial convening authorities (GCMCA) have delegated authority to separate;

(3) members must be processed for all reasons for which minimum criteria are met. However, SPCMCA must choose the most appropriate reason when actually effecting the discharge;

(4) SPCMCAs my exercise Separation Authority only over respondents who are permanently assigned to their command for duty or temporary duty (TEMDU). SPCMCAs are not authorized to separate personnel assigned under temporary additional duty (TEMADD);

(5) if a member goes UA after being served with a Letter of Notification, and CHNAVPERS subsequently authorizes an Other Than Honorable discharge, SPCMCAs my discharge the member in absentia without CHNAVPERS approval. ALL other characterizations of service
require CHNAVPERS approval to discharge in absentia. Entries in the service record, and discharge papers normally signed by the member, will be Labeled "Discharged in Absentia,"

 (6) SPCMCAs must protect against waste of funds paid for selective reenlistment bonuses, military education programs, etc., by recouping and ensuring maximum collection of indebtedness using NAVSO P-6048, DOD Military Pay and Allowance Entitlement Manual, Table 7-7-6, and NAVSO P-1000-2, Navy Comptroller Manual.
 (6) SPCMCAs must protect against waste of funds paid for selective reenlistment bonuses, military education programs etc., by recouping and ensuring maximum collection of indebtedness using NAVSO P-6048, DOD Military Pay and Allowance Entitlements Manual, Table 7-7-6, and NAVSO P-1000-2, Navy Comptroller Manual;

(7) SPCMCAs must ensure that involuntary separation pay is disbursed locally to eligible members according to SECNAVINST 1900.7G.

(8) immediately after separation is effected, forward all administrative separation documentation including a reproduced copy of the DD 214, Certificate of Release or Discharge from Active Duty, to the responsible Pers code within BUPERS. BUPERSINST 1900.8 applies when assigning Separation Program Designators (SPD) and Reenlistment (RE) codes; and

(9) when a regular active duty member has 18 or more years of total service, Deputy Chief of Naval Operations (Manpower and Personnel) (DCNO(M&P)) is Separation Authority. SECNAV is Separation Authority for release from active duty of members of the reserve components who are within 2 years of eligibility for retirement or retainer pay (see Article 3610200.1w).

j. Separation Authority Actions: The Separation Authority shall determine whether the allegations set forth in the notification of the reason for separation are substantiated by a preponderance of the evidence.

(1) If the allegations are substantiated by the preponderance of the evidence, the Separation Authority may:

(a) retain the member; or

 (b) separate the member for the most appropriate reason as stated in the Notification letter; or
(b) separate the member for the most appropriate reason as stated in the Notification Letter; or

(c) recommend that the separation be suspended following guidance in Article 3610260.14.

(2) When separation or suspension of separation is directed, the Separation Authority shall assign a characterization or description of service following guidance set forth in Article 3610300 and in the article(s) outlining the specific reason(s) for separation.

(3) The Separation Authority shall determine whether the respondent has remaining military service obligation and potential for future mobilization. If so, the respondent should be transferred to the Individual Ready Reserve (IRR) as a mobilization asset to complete respondent's total service obligation (see Article 3610100.4).

(4) If the Separation Authority determines that the reason for separation is not supported by the preponderance of the evidence, the Separation Authority shall close the case and retain the member.

2. SPCMCAs separating members under this delegated authority must forward processed cases by Letter of transmittal to the appropriate BUPERS code. Ensure member's full name, rate, and SSN have been indicated on each page of the case. In those cases where the commanding officer transfers the member to a separating activity to effect the separation, ensure the Letter of transmittal, Letter of notification, statement of awareness, and all supporting documents are in member's service record. As a matter of precaution, the transferring command should retain a copy of all documentation on board for future reference in the event of lost or destroyed documents. The separation activity will effect the separation and enter in subparagraph lk, of the Letter of transmittal, the date the member was separated and forward the case to BUPERS.

D. Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3610300, TYPES OF CHARACTERIZATION OF SERVICE, DESCRIPTIONS OF SEPARATION AND GUIDANCE FOR ASSIGNMENT, states:

1. Types of Characterization of Service or Descriptions of Separation:

a. For administrative separations the following characterizations of service are authorized subject to the limitations specified in MILPERSMAN 3610200 and 3610260 and are described with each reason for processing:

(1) Honorable

(2) General (Under Honorable Conditions)

(3) Other Than Honorable Conditions

b. For separations adjudged by Courts-Martial the following characterizations of discharge are used and shall not be used for administrative separations:

(1) Bad Conduct Discharge. Result of an approved sentence of a General or Special Courts-Martial.

(2) Dishonorable Discharge. Result of an approved sentence of a General Court-Martial.

c. The following uncharacterized descriptions of separation are authorized subject to the limitations specified in Articles 3610200 and 3610260.

(1) Entry Level Separation. (see subparagraph 5a of this article);

(2) Void ( see subparagraph 5b of this article); and

(3) Order of release from the custody and control of the Armed Forces.

2. General considerations on characterization of service:

a. Characterization of service at separation shall be based upon the quality of the member's service, including the reason for separation, subject to the limitations set forth under specific reasons for separation. The quality of service shall be determined in accordance with the standards of acceptable personal conduct and performance of duty for naval personnel. These standards are found in the Uniform Code of Military Justice (UCMJ), directives and regulations issued by the Department of Defense and the Department of the Navy, the Enlisted Performance Evaluation System, and the timehonored customs and traditions of the naval service.

b. The quality of service of a member on active duty or active duty for training is affected adversely by conduct that is of a nature to bring discredit on the naval service or is prejudicial to good order and discipline, regardless of whether the conduct is subject to UCMJ jurisdiction. Characterization may be based on conduct in the civilian community where that conduct has adversely affected the respondent's service; once the Government has introduced evidence that such conduct did adversely affect the respondent's service, the burden is on the respondent to demonstrate that such conduct did not in fact adversely affect his or her naval service.

c. The reason for separation, and the specific circumstances that form the basis for the separation, as well as the military record, shall be considered on the issue of characterization. Generally, characterization will be based upon the member's performance of duty and conduct throughout the period of their enlistment. However, there are circumstances in which the conduct or performance of duty reflected by a single incident may provide the basis of characterization, such as single acts of misconduct or heroism. Due consideration shall be given to the member's age, length of service, grade, aptitude, physical and mental condition, and the standards of acceptable conduct and performance of duty.

3. Guidelines for Assignment of Characterization:

a. Honorable. The Honorable characterization is appropriate when the quality of the member's service has for the most part met acceptable standards of conduct and performance of duty for naval personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. The Honorable characterization is marked by proper personal and military behavior with proficient and industrious performance of duty having due regard to the rate held and the capability of the member concerned.

(1) Court -martial. During current enlistment, in order to receive a characterization of service as Honorable, the member must have been awarded in his or her performance evaluation a final average in performance and conduct of not less than 2.8, and a final trait average of not less than 3.0 in personal behavior; and

(2) A member who would be eligible for a characterization of service as General may receive an Honorable discharge if they have, during a current enlistment been awarded a Medal of Honor, Navy Cross, Distinguished Service Medal, Silver Star Medal, Legion of Merit, Distinguished Flying Cross, Navy and Marine Corps Medal, Bronze Star Medal, Meritorious Service Medal, Air Medal, Joint Service Commendation Medal, Navy Commendation Medal, Navy Achievement Medal, Combat Action Ribbon, Gold Lifesaving Medal, Silver Lifesaving Medal, or an award corresponding to any of these personal decorations awarded by one of the Armed Forces. The above awards constitutes elements of a member's record which should be considered meritorious.

b. General ( Under Honorable Conditions). The general characterization is appropriate when service has been honest and faithful but significant negative aspects of the member's conduct or performance of duty outweigh positive aspects of the member's service record . A characterization of service as General is always Under Honorable Conditions . A member would be eligible for a characterization of separation as General if, during current enlistment the member has been awarded in his or her enlisted performance evaluations a final trait average in performance and conduct marks that falls below 2.8, or a final trait average in personal behavior that falls below 3.0.

c. Under Other Than Honorable Conditions. A characterization of service as Other Than Honorable is always Under Other Than Honorable Conditions. A characterization of service as Other Than Honorable is appropriate and may be authorized in the following circumstances, and member has had the opportunity to elect an Administrative Board: (Administrative Board election not applicable if the member is requesting an Other Than Honorable discharge in Lieu of trial by court-martial (3630650)).

(1) When the reason for separation is under the mandatory reasons for processing (see Article 3610260.6); or

(2) When the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected from members of the naval service. Examples of factors that may be considered include those punishable by a punitive discharge (see Manual for Courts-Martial, Appendix 12), Unauthorized absence (UA) in excess of 30 consecutive days, drug abuse, drug trafficking, the use of force or violence to produce serious bodily injury or death, abuse of a special position of trust, disregard by a superior of customary superior-subordinate relationships, and acts or omissions that endanger the security of the United States, the health and welfare of other members of the naval service, or the health and safety of other persons. Commanding officers must provide specific details of offenses in those cases which may warrant a more favorable characterization than that normally authorized.

4. Limitations on Characterization of Service

a. Except as otherwise noted in this article, characterization will be determined solely by the member's service record during the current enlistment or period of service to which the separation pertains, plus any extensions thereof prescribed by law or regulation or effected with the consent of the member.

(1) Activities from prior enlistments or periods of obligated service shall not be considered on the issue of characterization. To the extent that such matters are considered on the issue of retention or separation, the report of an Administrative Board shall reflect that such information was not considered on the issue of characterization; and

(2) Preservice activities may not be considered on the issue of characterization except that in a separation proceeding for the Reason of Defective Enlistments and Inductions due to Fraudulent Entry into the Naval Service (3630100).

b. When members are processed for separation based solely upon the results of a special or general court-martial not imposing a punitive discharge or an Other Than Honorable characterization is warranted, such characterization must be forwarded to the Secretary of the Navy (SECNAV) for approval. If a special or general court-martial awards a punitive discharge, but the punitive discharges suspended, Chief of Naval Personnel (CHNAVPERS) is approving authority.

c. Conduct in the civilian community of a member of the Naval Reserve who is not on active duty or active duty for training may form the basis for characterization as Other Than Honorable only if such conduct directly affects the performance of the members military duties; e.g., conduct that results in incarceration, prohibiting a member from participation in drills or being mobilized, etc. Such conduct may form the basis of characterization as General only if such conduct has an adverse impact on the overall effectiveness of the naval service including military morale and efficiency; e.g., discreditable involvement with civilian authorities while not on active duty for training and while wearing the naval uniform without authorization.

d. Drug abuse disclosed through the Voluntary Self-Referral Program may not be considered on the issue of characterization of service as Other Than Honorable except as provided in OPNAVINST 5350.4.

e. Urinalysis test (fitness for duty, and certain service-directed test) results may not be considered on the issue of characterization of service as Other Than Honorable except as provided in OPNAVINST 5350.4.

5. Uncharacterized Separations. A separation which, due to the short duration of service, is uncharacterized.

a. Entry Level Separation

(1) A separation initiated (i.e., date member is notified of administrative separation processing) while a member is in entry level status (see Article 3610200.1j) will be described as Entry Level Separation, except in the following circumstances:

(a) when characterization as Other Than Honorable is authorized under the reasons for separation and is warranted by the circumstances of the case; or

(b) when characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of naval duty where separation is for the reason of: selected changes in service obligation (Article 3620100), convenience of the government (Article 3620200), disability (Article 3620270), SECNAV approves such characterization on a case-by-case basis.

(2) With respect to administrative matters outside this Manual that require characterization as Honorable or General, an Entry Level Separation shall be treated as the required characterization. When a member of the Naval Reserve is separated from the Delayed Entry Program with an Entry Level Separation, such separation is “under honorable conditions”.

b. Void Enlistment or Induction

(1) An enlistment is Void in the following circumstances:

(a) If it was effected without the voluntary consent of a person who has the capacity to understand the significance of enlisting in the Navy including enlistment of a person who is intoxicated or insane at the time of enlistment, or enlistment of a person who was coerced into enlisting by being presented with the option of either enlisting or being subjected to a sentence to confinement by a court of competent jurisdiction.;

(b) if a member test positive for drugs or alcohol on his or her accession into the Navy and is diagnosed as dependent;

(c) if the person is under 17 years of age; or

(d) if the person is a deserter from another military service.

(2) A member whose enlistment or induction is Void shall not receive a discharge certificate, characterization of service at separation, or an Entry Level Separation. The separation shall be described as an order of release from custody or control of the Armed Forces.

(3) Although an enlistment may be void at its inception, a constructive enlistment arises in the case of a person serving with the Navy who:

(a) submitted voluntarily to naval authority and was not insane, intoxicated, or under 17 years of age at the time;

(b) received military pay or allowances; and

(c) performed military duties.

(4) If a constructive enlistment arises from a Void enlistment within the same term of service, characterization of service or description of separation shall be according to paragraph 3 or subparagraph 5a of this article as appropriate. However, if the enlistment was Void by reason of desertion from another service, the member shall be separated by an order of release from custody and control of the Armed Forces, regardless of any subsequent constructive enlistment, unless the SECNAV determines that retention is appropriate.

(5) The occurrence of such a constructive enlistment does not preclude the Navy, in an appropriate case, from either retaining or separating the member on the basis of the circumstances that occasioned the original void enlistment or upon any other basis for separation provided in this Manual.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, STANDARDS FOR DISCHARGE REVIEW, states, in part:

“9.2 Propriety of the Discharge

a. A discharge shall be deemed to be proper unless, in the course of discharge review, it is determined that:

(1) There exists an error of fact, law, procedure, or discretion associated with the discharge at the time of issuance; and that the rights of the applicant were prejudiced thereby (such error shall constitute prejudicial error if there is substantial doubt that the discharge would have remained the same if the error had not been made); or

(2) A change in policy by the military service of which the applicant was a member, made expressly retroactive to the type of discharge under consideration, requires a change in the discharge.

b. When a record associated with the discharge at the time of issuance involves a matter in which the primary responsibility for corrective action rests with another organization (for example, another Board, agency, or court), the NDRB will recognize an error only to the extent that the error has been corrected by the organization with primary responsibility for correcting the record.

c. The primary function of the NDRB is to exercise its discretion on issues of equity by reviewing the individual merits of each application on a case-by-case basis. Prior decisions in which the NDRB exercised its discretion to change a discharge based on issues of equity (including the factors cited in such decisions or the weight given to factors in such decisions) do not bind the NDRB in its review of subsequent cases because no two cases present the same issues of equity.

d. The following applies to applicants who received less than fully honorable administrative discharges because of their civilian misconduct while in an inactive duty status in a reserve component and who were discharged or had their discharge reviewed on or after April 20, 1971: the NDRB shall either recharacterize the discharge to Honorable without any additional proceedings or additional proceedings shall be conducted in accordance with the Court’s Order of December 3, 1981, in Wood v. Secretary of Defense to determine whether proper grounds exist for the issuance of a less than honorable discharge, taking into account that:

(1) An other than honorable (formerly undesirable) discharge for an inactive duty reservist can only be based upon civilian misconduct found to have affected directly the performance of military duties;

(2) A general discharge for an inactive duty reservist can only be based upon civilian misconduct found to have had an adverse impact on the overall effectiveness of the military, including military morale and efficiency.”

F. SECNAVINST 5420.174C, enclosure (1), Manual for Discharge Review 1984, Chapter 9, Standards for Discharge Review, paragraph 9.3, Equity of the Discharge, states, in part that a discharge shall be deemed to be equitable unless in the course of a discharge review, it is determined that relief is warranted based upon consideration of the applicant's service record and other evidence presented to the NDRB viewed in conjunction with the factors listed in this paragraph and the regulations under which the applicant was discharged, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance. Areas of consideration include, but are not limited to:

1. Quality of service, as evidenced by factors such as:

a. service history, including date of enlistment, period of enlistment, highest rank achieved, conduct and proficiency ratings (numerical and narrative);

b. awards and decorations;

c. letters of commendation or reprimand;

d. combat service;

e. wounds received in action;

f. records of promotions and demotions;

g. level of responsibility at which the applicant served;

h. other acts of merit that may not have resulted in formal recognitions through an award or commendation;

i. length of service during the service period which is the subject of the discharge review;

j. prior military service and type of discharge received or outstanding post-service conduct to the extent that such matters provide a basis for a more thorough understanding of the performance of the applicant during the period of service which is the subject of the discharge review;

k. convictions by court-martial;

l. records of nonjudicial punishment;

m. convictions by civil authorities while a member of the service, reflected in the discharge proceedings or otherwise noted in the service records;

n. records of periods of unauthorized absence;

o. records relating to a discharge in lieu of court-martial.

2. Capability to serve, as evidenced by factors such as:

a. Total capabilities. This includes an evaluation of matters such as age, educational level, and aptitude scores. Consideration may also be given as to whether the individual met normal military standards of acceptability for military service and similar indicators of an individual's ability to serve satisfactorily, as well as ability to adjust to military service.

b. Family and personal problems. This includes matters in extenuation or mitigation of the reason for discharge that may have affected the applicant's ability to serve satisfactorily.

c. Arbitrary or capricious actions. This includes actions by individuals in authority which constitute a clear abuse of such authority and that, although not amounting to prejudicial error, may have contributed to the decision to discharge the individual or unduly influence the characterization of service.

d. Discrimination. This includes unauthorized acts as documented by records or other evidence.

PART V - RATIONALE FOR DECISION
Discussion
         After a thorough review of the records, supporting documents 1 , facts, and circumstances unique to this case, the Board determined that the characterization of the applicant’s service is equitable. The discharge shall remain : GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.
         The applicant was discharged on 950619 with a General (Under Honorable Conditions) by reason of convenience of the government due to a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the Naval Service (A and B, Part IV). On 950224, the applicant received a preliminary diagnosis of adjustment disorder, occupational problem and personality disorder. On 950303, she was diagnosed by a staff psychologist with a personality disorder and recommended for routine ADSEP. On 950404, the applicant received a Retention Warning about her personality disorder and its impact on her performance at school. On 950530, she was informed of her commanding officer’s (CO’s) intention to recommend her for ADSEP with a General discharge for the convenience of the government due to a diagnosed personality disorder as evidenced by her medical record. The applicant chose not to consult with legal counsel prior to waiving all her rights except the right to obtain copies of the documentation being forwarded to the discharge authority in support of her ADSEP. On 950612, the applicant’s CO directed her ADSEP with a General (Under Honorable Conditions) for a personality disorder as evidenced by the significant impairment on the applicant’s ability to perform in the Navy and resultant poor school performance and administrative action (C and D, Part IV). The Board found the applicant’s discharge to be both proper and equitable (E and F, Part IV).
In the applicant’s issue 1, she opines that the quality of her service for the most part met acceptable standards of conduct and performance of duty for naval personnel and that it is inequitable not to grant her an Honorable characterization of service. The Board noted the applicant’s SER entries for substandard academic performance and her failed room inspection, and medical record entries for her adjustment and personality disorders which her command described as “. . . a personality disorder manifested by poor impulse control, inconsistent school performance and minor disciplinary infractions [such as, unauthorized absence] . . .”. While the timing of the applicant’s Retention Warning in relationship to her discharge date allowed only six weeks to improve her performance, the Board is confident that the applicant had plenty of time, from her initial diagnosis, and assistance, from her command, to improve her performance, if she wanted to improve. The Board also noted the applicant’s obvious desire to get out of the Navy, as exemplified in several medical record entries, and the applicant’s perceived problem with her role as a wife and a Sailor. The Board concluded that the applicant’s substandard performance during ET Class “A” School (academic and non-academic) merited a General discharge.
In the applicant’s issue 2, she requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of her application. While the Board recognizes that an applicant cannot undo his past mistakes, he can contribute in a positive and significant way to society (D, Part IV). Contributions looked upon favorably by this Board include educational pursuits, employment track record, being a contributing member of society and making a positive impact in the community through volunteer work. The applicant must prove that his post-service conduct has been above reproach and he is making a valid attempt at making amends for the misconduct he committed during the period of naval service under review. The 15 year window during which applicants may appeal their discharges was established to allow time for establishing themselves and making these substantial, documented life style changes and community contributions which could offset and make amends for the misconduct of record. The applicant has submitted insufficient supporting documentation that would warrant clemency at this time.
Recorder’s Note:

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

 Copies of the applicant’s DD-214 (2)
Veterans Service Division, Community Service Department, Consolidated City of Jacksonville, Florida, Records Check dtd 970703
Character References (5)
Extracts from Service Record (19 pages)
Extracts from Medical Record (6 pages).

PART VI - INFORMATION FOR THE APPLICANT
Decision

 The Board discerned no impropriety or inequity in the characterization of the applicant’s service. 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: NAVMILPERSMAN, Article 3620200.

         If you believe that the decision in your case is unclear, not responsive to the issues that 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809.

         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
                  Building 36 Washington Navy Yard
                  901 M Street, SE
                  Washington, D.C. 20374-5023.    


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