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




KINEALY, Matthew J., 493-78-4233, ex-RMSA, USN
Docket No. ND04-00464

Applicant’s Request

The application for discharge review was received on 20040121. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a personal appearance discharge review before a traveling panel closest to ST. LOUIS, MO. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041001. 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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1. I REQUEST AN UPGRADE OF MY DISCHARGE FROM THE NAVY FROM “UNDER THAN HONORABLE CONDITIONS” TO GENERAL (UNDER HONORABLE CONDITIONS).

I AM SUBMITTING DOCUMENTS TO SUPPORT MY CLAIM.”

Documentation

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

Applicant’s DD Form 214
Certificate of recognition from the United States Army Military Police Corps, undated HQ, Missouri National Guard orders to active duty, dated May 20, 2003
DD Form 4/1, Enlistment into the Missouri Army National Guard, dated August 6, 2002
St. Louis public schools certificate of appreciation, dated June 4, 2000
Missouri Department of Elementary and Secondary Education substitute certificate, issued August 19, 2002
Deans List letter from the University of Missouri St Louis, dated June 30, 1999
Transcripts from the University of Missouri St. Louis, dated July 9, 2002

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PART II - SUMMARY OF SERVICE

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

         Inactive: USNR (DEP)     911219 - 920419  COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 920420               Date of Discharge: 940920

Length of Service (years, months, days):

         Active: 02 05 01         Does not exclude lost time
         Inactive: None

Age at Entry: 19                          Years Contracted: 4 (24 months extension)

Education Level: 12                        AFQT: 74

Highest Rate: RMSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3.60 (4)    Behavior: 3.55 (4)                OTA: 3.67

Military Decorations: None

Unit/Campaign/Service Awards: NDSM, N&MCOSR

Days of Unauthorized Absence: 19

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events :

940607:  Applicant declared a deserter. UA since 0700 this date.

940625:  From UA, to duty.

940630:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 87: Missing movement.
         Award: Forfeiture of $250 per month for 2 months, correctional custody for 30 days, reduction to E-2. No indication of appeal in the record.

940713:  Applicant found unfit to complete correctional custody.

940727:  Psychiatric evaluation: Applicant was diagnosed as having a personality disorder of such severity as to render him impaired for continued military service.

940804:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government on the basis of a personality disorder. [Date extracted from Commanding Officer’s letter dated 940812.]

940804:  Applicant advised of 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 and to submit a statement.

940809:  Applicant’s statement.

940812:  Commanding Officer recommended discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense and convenience of the government on the basis of personality disorder.

940902:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940920 under other than honorable conditions for misconduct due to the commission of a serious offense (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

Issue 1. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion for offenses that included missing ship’s movement. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable or under honorable (general) characterization of service. An upgrade is inappropriate.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety occurred during the Applicant’s enlistment. Additionally, 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 that 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.




Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B. 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.

C. 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.

D. 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.

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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      

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BOARD MEMBERS RECORD OF VOTE

BOARD MEMBER                       CHARACTER                          BASIS/REASON

T. B. GALVIN, COL, USMC          NO CHANGE                          NO CHANGE
Presiding Officer
 
A. KOLKMEYER, LTCOL, USMC        NO CHANGE        NO CHANGE
Member
 
J. ZWILLER, CAPT, USMC   NO CHANGE                         NO CHANGE
Member
 
J. KOSKY, LT, JAG, USNR           NO CHANGE                          NO CHANGE
Member
 
B. DUNCAN, MAJ, USMC              NO CHANGE                          NO CHANGE
Recorder



Recorder’s Signature:___________________________________________


Presiding Officer’s Signature:__________________________________

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A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT , states:

1. A member may be separated for misconduct by reason of one or more of the following circumstances:

a. Misconduct Due to Minor Disciplinary Infractions . A series of at least three but not more than eight minor violations (e.g. specifications) of the Uniform Code of Military Justice (UCMJ) ( none that could result in a punitive discharge - see Manual for Courts-Martial, Appendix 12, and not drug related) documented in the service record, within the current enlistment, which have been disciplined by not more than two punishments under the UCMJ. The member must have violated counseling (Article 3610250.5) prior to initiating processing. If separation of a member in entry level status is warranted solely by reason of minor violations of the UCMJ, and the member's misconduct does not meet the eligibility requirements for any other misconduct, the processing should be under Entry Level Performance and Conduct (Article 3630200).

b. Misconduct Due to a Pattern of Misconduct

(1) A pattern of misconduct is defined as discreditable involvement with civil and military authorities. The member must have violated counseling (Article 3610250.5) prior to initiating processing. Such a pattern may include both minor and serious infractions as evidenced by:

(a) Three or more civilian convictions within the current enlistment.

(b) Three or more punishments under the UCMJ within the current enlistment.

(c) Any combination of three civilian convictions and punishment(s) under the UCMJ within the current enlistment.

(d) Three or more periods of unauthorized absence of more than 3 days duration each within the current enlistment.

(e) Nine or more violations (e.g., specifications) of the UCMJ within the current enlistment which have been disciplined by punishment under the UCMJ.

(2) A pattern of misconduct is defined as well by discreditable management of one's personal and financial affairs as evidenced by:

(a) A set pattern of failure to pay just debts. (Include financial statement prepared as specified in Article 6210140.14 when case is forwarded.)

(b) A set pattern of failure to contribute adequate support to dependents or failure to follow orders, decrees, or judgments of a civil court concerning the support of dependents. Include copies of court order(s), judgments, etc.

c. Misconduct Due to Commission of a Serious Offense (processing not mandatory) . An individual may be processed for administrative separation when a punitive discharge would be authorized by the Manual for Courts-Martial for the same or a closely related offense. Note that:

(1) If the offense is evidenced by a general or special court-martial conviction--the findings of which have been approved by the Convening Authority--the findings of the court-martial as they relate to the administrative discharge process (basis and reason) are binding on the Administrative Board (see Article 3610260.7a).

(2) If the offense is evidenced solely by a court-martial conviction and the court-martial Convening Authority has remitted or suspended a punitive discharge, forward the case to the same Convening Authority for endorsement according to Article 3610260.7b.

d. Misconduct Due to Commission of a Serious Offense (processing mandatory)

(1) An individual must be processed for administrative separation when the commanding officer believes by a preponderance of the evidence that the individual committed extremely serious misconduct that either resulted in, or had the potential to result in death, or serious bodily injury, such as but not limited to: homicide, arson, armed robbery, etc.

(2) Sexual Perversion. An individual must be processed for administrative separation when an incident involves sexual behavior that deviates from socially acceptable standards of morality and decency. Such behavior may violate military or civilian law and includes, but is not limited to:

(a) lewd and lascivious acts;

(b) sodomy (forcible heterosexual or child molestation); consensual and forcible homosexual acts with of-age individual shall be processed under Article 3630400);

(c) indecent assault;

(d) indecent acts; and

(e) indecent exposure.

Note that if circumstances involve an incestuous relationship, commanding officers shall notify Chief of Naval Personnel (CHNAVPERS) (Pers-661/83) immediately upon discovery. Per OPNAVINST 1752.2, Pers-661 will review the case for referral to the Family Advocacy Program; if member is not accepted, Pers-83 will direct processing for separation. Note that acceptance into family advocacy programs run by Family Service Centers at local commands does not constitute formal acceptance into the Navy's Family Advocacy Program.

(3) Sexual Harassment. An individual must be processed for administrative separation following punitive actions if appropriate, on the first substantiated incident of sexual harassment involving any of the following circumstances:

(a) threats or attempts to influence another's career or job for sexual favors;

(b) rewards in exchange for sexual favors; or

(c) physical contact of a sexual nature which, if charged as a violation of the UCMJ, could result in a punitive discharge.

Note that an incident is substantiated if there has been a nonjudicial punishment or court-martial conviction, or the commanding officer is convinced based on the preponderance of the evidence that sexual harassment has occurred. All forms of sexual harassment not mentioned above must still be handled administratively (i.e.; NAVPERS 1070/613, Administrative Remarks (Page 13) counseling, letters of instruction, nonpunitive letters, remarks in evaluations, etc.).

e. Misconduct Due to Civilian Conviction (processing not mandatory) . An individual may be processed for administrative separation based on a conviction by civilian authorities, or action taken which is equivalent to a finding of guilty, provided the offense, or closely related offense could warrant a punitive discharge (see Manual for Courts-Martial, Appendix 12), or the sentence includes confinement of 6 months or more without regard to suspension or probation.

f. Misconduct Due to Civilian Conviction (processing mandatory) . An individual must be processed for administrative separation based on a conviction by civilian authorities, or action taken which is equivalent to a finding of guilty, which involved an offense that either resulted in, or had the potential to result in death, or serious bodily injury, such as but not limited to: homicide, arson, armed robbery, etc., or is a sexual perversion as described in subparagraphs 1d(2)(a) - (e).

2. Under this article, counseling and warning as outlined in Article 3610260.5 is only required for members being processed for misconduct due to pattern of misconduct or misconduct due to minor disciplinary infractions. The latest offense and counseling and warning must have occurred while assigned to the parent command. Separation activities defined in Article 3640476, and other commands to which temporary duty is authorized by CHNAVPERS, are exempt from this requirement.

3. Characterization. Normally Other Than Honorable, but characterization as General may be assigned when warranted. For respondents who have completed entry level status, characterization of service as Honorable is not authorized unless the respondent's record is otherwise so meritorious that any other characterization would be clearly inappropriate. When characterization of service as Other Than Honorable is not warranted for a member in entry level status, the separation shall be described as Entry Level Separation.

4. Reduction in Rate. When a servicemember serving in pay grade E-4 or above is administratively separated with an Other Than Honorable characterization of service, the member shall be administratively reduced to pay grade E-3, such reduction to become effective upon separation.

5. Procedures

a. The Administrative Board procedure (Article 3640200) shall be used in processing all reasons, except when processing for misconduct due to minor disciplinary infractions, in which case Notification procedure (Article 3640200) may be used.

b. Separation processing for misconduct due to civil conviction may be initiated whether or not a member has filed an appeal of a civilian conviction or has stated an intention to do so. Execution of an approved separation should be withheld pending outcome of the appeal or until the time for appeal has passed. The member may be separated prior to final action on appeal upon his or her request or upon direction of the Secretary of the Navy (SECNAV).

c. Members confined in a foreign penal institution may be processed for separation, but may not be discharged or separated from the service until the completion of imprisonment and return to the United States. In unusual cases, (i.e., life sentence without possibility of parole) such discharges or separations may be authorized by SECNAV by Reason of Best Interest of the Service (see Article 3630900). SECNAVINST 5820.4 refers.

d. Members must be dual or multiple processed where appropriate, (i.e., members processed for misconduct due to civil conviction must also be processed (dual) for misconduct due to commission of a serious offense if the offense for which convicted could warrant a punitive discharge). Exceptions:

(1) misconduct involving only preservice, prior service, or current service homosexual conduct shall be processed only under Article 3530400;

(2) misconduct involving only drug abuse (civil or military) shall be processed only under Article 3630620;

(3) misconduct involving only violation of UCMJ Article 83 shall be processed only under Article 3630100.

e. Members may be processed for separation by reason of misconduct for offenses which occur preservice or in a prior enlistment, provided the misconduct was unknown to the Navy at the time of enlistment or reenlistment and processing for fraudulent enlistment is inappropriate. Under these unusual circumstances, Notification procedures (see Article 3640200) shall be used as the least favorable characterization of service possible for offenses which occur prior to entry into active duty or in prior enlistment is General.

f. Officers exercising special court-martial convening authority are delegated authority (see Article 3610220) to separate members only if an Administrative Board recommends separation with a General or Honorable discharge, the member does not object to the discharge, and that characterization is consistent with guidance in Article 3610300. In cases where member objects to separation, CHNAVPERS (Pers-83) is Separation Authority. Regardless of an Administrative Board's recommendation, CHNAVPERS is Separation Authority for members being separated by reason of misconduct due to commission of a serious offense as evidenced by sexual perversion or sexual harassment.

g. Forward processed case by letter of transmittal to Pers-83. Ensure member's full name, rate, and SSN have been indicated on each page of the case. In those cases where the commanding officer effects the separation, indicate date and characterization of separation awarded. Refer to Article 3640200.11 for message submission option in those cases where member waives an Administrative Board, the commanding officer does not have authority to effect separation, or member objects to separation.

OPTIONAL FINDINGS

X. NAVADMIN 149/96 (CNO WASHINGTON DC message 062350Z JUN 96), announced changes to the SECNAVINST 1910.4B (Subj: Enlisted Administrative Separations), effective 06 June 1996, and states in part:

1. REF A HAS BEEN SIGNED, CHANGING THE ADMINISTRATIVE SEPARATION (ADSEP) PROCESS FOR ENLISTED PERSONNEL. I WILL BE ISSUING A CHANGE TO CHAPTER 36 OF THE MILPERSMAN (MPM) TO IMPLEMENT THE NEW AUTHORITY GRANTED, ALONG WITH OTHER CHANGES TO HELP REDUCE OUR TRANSIENT POPULATIONS AND MAKE THE ADSEP PROCESS EASIER. IN THE MEANTIME, THIS MESSAGE ANNOUNCES AND AUTHORIZES IMMEDIATE CHANGES TO CURRENT PROCEDURES AND POLICIES. THIS NAVADMIN IS ORGANIZED AS FOLLOWS:

A.       PROCESSING PROCEDURES (PARA 2)
B.       SEPARATION AUTHORITIES (PARA 3)
C.       POLICY CHANGES (PARA 4)
D.       RECORDS KEEPING (PARA 5)

2.       PROCESSING PROCEDURES.

A. ALL COMMANDING OFFICERS AND THEIR SUPERIORS IN THE CHAIN OF COMMAND, ALONG WITH CERTAIN OFFICERS-IN-CHARGE (SPECIALLY DESIGNATED) ARE SPECIAL COURT-MARTIAL CONVENING AUTHORITIES (SPCMCA). SPCMCA'S ARE NOW AUTHORIZED TO DETERMINE WHICH SEPARATION PROCESSING PROCEDURES ARE APPROPRIATE IN A PARTICULAR CASE. THERE ARE TWO PROCESSING PROCEDURES: NOTIFICATION (NO ADMIN SEPARATION BOARD) AND ADMINISTRATIVE BOARD PROCEDURES. IF THE OFFENSE OR THE CIRCUMSTANCES SURROUNDING THE OFFENSE ARE SUCH THAT AN OTHER-THAN-HONORABLE (OTH) DISCHARGE IS NOT WARRANTED, THE SPCMCA IS AUTHORIZED TO USE NOTIFICATION PROCEDURES (MPM 3640200.5/6). IF AN INDIVIDUAL PROCESSED UNDER NOTIFICATION PROCEDURES IS SEPARATED, THE LEAST FAVORABLE CHARACTERIZATION OF DISCHARGE WILL BE A GENERAL DISCHARGE. THIS AUTHORITY IS LIMITED TO SEPARATION PROCESSING BASED ON MISCONDUCT DUE TO COMMISSION OF A SERIOUS OFFENSE (MPM 3630600.lC/D), A PATTERN OF MISCONDUCT (MPM 3630600.lB), OR CIVIL CONVICTIONS (MPM 3630600.lE/F) BUT NOT INCLUDING THE TYPES OF MISCONDUCT OUTLINED IN PARA 2B BELOW; SECURITY (3630700); OR UNSATISFACTORY PARTICIPATION IN THE INDIVIDUAL READY RESERVE (IRR) (MPM 3630800). THIS PROCEDURAL CHANGE ELIMINATES THE NEED FOR CONDITIONAL WAIVERS PREVIOUSLY ADVERTISED IN NAVADMIN 121/96.

B. ADMIN BOARD PROCEDURES MUST STILL BE USED FOR ALL SEPARATION CASES INVOLVING MANDATORY PROCESSING. THESE ARE:

(1) HOMOSEXUAL CONDUCT - (MPM 3630400),
(2) MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE OR A CIVIL
CONVICTION (MPM 3630600) WHEN:

(A) MISCONDUCT RESULTS IN, OR HAS THE POTENTIAL TO RESULT IN DEATH OR SERIOUS BODILY INJURY;

(B) MISCONDUCT IS THE RESULT OF SEXUAL PERVERSION (LEWD AND LASCIVIOUS ACTS; SODOMY, INCLUDING FORCIBLE HETEROSEXUAL OR CHILD MOLESTATION; AND INDECENT ASSAULT, ACTS, OR EXPOSURE;

(C) ACTS AGAINST THE SECURITY OF THE NAVY OR THE NATION, INCLUDING VIOLATIONS OF UCMJ ART 94 (MUTINY AND SEDITION), 99 (MISBEHAVIOR BEFORE ENEMY), 100 (SUBORDINATE COMPELLING SURRENDER), 101 (IMPROPER USE OF COUNTERSIGN), 102 (FORCING SAFEGUARD), 104 (AIDING THE ENEMY), 106 (SPYING), 106A (ESPIONAGE), AND 113 (MISBEHAVIOR OF SENTINEL OR LOOKOUT IN TIME OF WAR); OR (D) SEXUAL HARASSMENT INVOLVING THREATS OR ATTEMPTS TO INFLUENCE ANOTHER'S CAREER OR JOB FOR SEXUAL FAVORS, REWARDS IN EXCHANGE FOR SEXUAL FAVORS, OR PHYSICAL CONTACT OF A SEXUAL NATURE WHICH COULD RESULT IN A PUNITIVE DISCHARGE IF PUNISHED UNDER THE UCMJ.

(3) MISCONDUCT DUE TO DRUG ABUSE (MPM 3630620).

3. SEPARATION AUTHORITIES (AUTHORITY SENIOR TO THOSE LISTED BELOW MAY ALSO SERVE AS SEPARATION AUTHORITY FOR THE REASONS LISTED):

A. SPCMCA'S ARE THE SEPARATION AUTHORITY WHEN MEMBERS ARE PROCESSED FOR SEPARATION BY REASON OF:

(1) OTHER DESIGNATED PHYSICAL OR MENTAL CONDITIONS (MPM 3620200).
(2) REVIEW ACTION (MPM 3620200).
(3) DEPENDENCY OR HARDSHIP (MPM 3620210).
(4) PARENTHOOD (MPM 3620215).
(5) PREGNANCY OR CHILDBIRTH (MPM 3620220).
(6) PERSONALITY DISORDER (MPM 3620225).
(7) SURVIVING FAMILY MEMBER (MPM 3620240).
(8) RESERVIST BECOMES A MINISTER (NEW REASON FOR ADSEP).
(9) WEIGHT CONTROL FAILURE (MPM 3620260).
(10) ENTRY LEVEL PERFORMANCE AND CONDUCT (MPM 3630200).
(11) DRUG ABUSE REHABILITATION FAILURE (MPM 3630500).
(12) ALCOHOL ABUSE REHABILITATION FAILURE (MPM 3630550).
(13) DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS (MPM
3620280).
(14) DEFECTIVE ENLISTMENTS AND INDUCTIONS - MINORITY (MPM 3620285).
(15) DEFECTIVE ENLISTMENTS AND INDUCTIONS - DEFECTIVE ENLISTMENT AGREEMENTS (MPM 3620283).
(16) DEFECTIVE ENLISTMENTS AND INDUCTIONS - SEPARATION FROM DELAYED ENTRY PROGRAM (3630810).
(17) SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, ONLY WHEN THE REQUEST IS BASED SOLELY ON AN UNAUTHORIZED ABSENCE OF 30 DAYS OR MORE.

B. SPCMCA'S MAY ALSO SERVE AS SEPARATION AUTHORITY WHEN A MEMBER IS PROCESSED FOR SEPARATION FOR ONE OF THE REASONS LISTED IN PARA 3C BELOW, PROVIDED:

(A) NOTIFICATION PROCEDURES ARE USED, OR

(B) ADMINISTRATIVE BOARD PROCEDURES ARE USED AND THE
ADMINISTRATIVE BOARD RECOMMENDS SEPARATION WITH AN HONORABLE, GENERAL, OR ENTRY LEVEL SEPARATION.

C. GENERAL COURT-MARTIAL CONVENING AUTHORITIES (GCMCA'S) ARE THE SEPARATION AUTHORITY FOR SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL (MPM 3630650) (EXCEPT FOR HOMOSEXUAL CONDUCT CASES, WHICH MUST BE FORWARDED TO CHNAVPERS, AND CASES IN WHICH THE SPCMCA SEPARATES PER PARA 3A(17) ABOVE). GCMCA'S ALSO SERVE AS SEPARATION AUTHORITY WHEN MEMBERS ARE PROCESSED FOR THE REASONS LISTED BELOW IF ADMINISTRATIVE BOARD PROCEDURES ARE USED AND THE BOARD RECOMMENDS AN OTH OR RETENTION, OR THE MEMBER WAIVES THE BOARD:

(1) DEFECTIVE ENLISTMENTS AND INDUCTIONS - FRAUDULENT ENTRY INTO THE NAVAL SERVICE (MPM 3630100).
(2) MISCONDUCT - PATTERN OF MISCONDUCT (MPM 3630600).
(3) MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE (MPM 3630600).
(4) MISCONDUCT - CIVILIAN CONVICTION (MPM 3630600).
(5) MISCONDUCT - DRUG ABUSE (MPM 3630620).
(6) UNSATISFACTORY PARTICIPATION IN THE READY RESERVE (MPM 3630800).

D. CHIEF OF NAVAL PERSONNEL (CHNAVPERS) IS THE SEPARATION
AUTHORITY WHEN MEMBERS ARE PROCESSED FOR SEPARATION BY REASON OF:

(1) EARLY RELEASE TO FURTHER EDUCATION (MPM 3620235).
(2) SELECTED CHANGES IN SERVICE OBLIGATIONS (GENERAL
DEMOBILIZATION OR REDUCTION IN AUTHORIZED STRENGTH) (MPM 3620100).
(3) SELECTED CHANGES IN SERVICE OBLIGATION (ACCEPTANCE OF AN
ACTIVE-DUTY COMMISSION OR APPOINTMENT, OR ACCEPTANCE INTO A PROGRAM LEADING TO SUCH A COMMISSION OR APPOINTMENT IN ANY BRANCH OF THE MILITARY SERVICE) (MPM 3620100).
(4) CONSCIENTIOUS OBJECTION (MPM 1860120).
(5) HOMOSEXUAL CONDUCT (MPM 3630400).
(6) ANY BASIS FOR SEPARATION WHEN THE SERVICEMEMBER HAS 18 YEARS OR MORE OF TOTAL ACTIVE FEDERAL MILITARY SERVICE (TAFMS).
(7) MISCONDUCT CASES WHEN THE SERVICEMEMBER HAS PHYSICAL EVALUATION BOARD (PEB) ACTION COMPLETED OR PENDING.
(8) FRAUDULENT ENLISTMENT WHEN THE PROCESSING COMMAND IS
RECOMMENDING A WAIVER OF PROCESSING AND RETENTION OF THE
SERVICEMEMBER.

E. THE SECRETARY OF THE NAVY IS THE SEPARATION AUTHORITY WHEN MEMBERS ARE PROCESSED BY REASON OF:

(1) BEST INTEREST OF THE SERVICE (BIOTS) (MPM 3630900).
(2) DISABILITY (MPM 3620270).
(3) ALL CASES INVOLVING RESERVISTS WITHIN 2 YEARS OF ELIGIBILITY FOR RETIRED OR RETAINER PAY.
(4) ALL CASES WHEN THE SOLE BASIS FOR PROCESSING IS AN SPCM/GCM CONVICTION THAT DID NOT INCLUDE A PUNITIVE DISCHARGE, AND
THE PROCESSING COMMAND RECOMMENDED AN OTH.
(5) ALL MISCONDUCT CASES BASED SOLELY ON CIVIL CONVICTION(S)
WHEN FINAL ACTION ON THE MEMBER'S APPEAL HAS NOT BEEN TAKEN (UNLESS THE SERVICEMEMBER REQUESTS SEPARATION BEFORE FINAL ACTION ON THE APPEAL).

4. POLICY CHANGES.

(A) THE REQUIREMENT FOR THE SENIOR MEMBER OF AN ADMIN BOARD TO BE AN ACTIVE DUTY LIST OFFICER IS DELETED. TAR AND STAFF CORPS OFFICERS ARE NOW PERMITTED TO SERVE AS SENIOR MEMBERS OF ADMIN BOARDS. THE REQUIREMENT THAT ONE MEMBER BE A LINE OFFICER SERVING IN PAYGRADE 04 OR ABOVE IS DELETED. HOWEVER, THE SENIOR MEMBER MUST STILL BE IN PAYGRADE 04 OR ABOVE.

(B) A PATTERN OF MISCONDUCT IS RECLASSIFIED AS TWO OR MORE NJP'S, COURTS-MARTIAL, OR CIVIL CONVICTIONS (OR COMBINATION THEREOF) WITHIN THE CURRENT ENLISTMENT (MPM 3630600.lB). A NAVPERS 1070/613 COUNSELING/WARNING IS STILL REQUIRED PER MPM 3610260.

(C) THE REQUIREMENT TO HAVE CHNAVPERS APPROVAL FOR TEMDU TRANSFERS IN CONNECTION WITH ADSEP AND/OR DISCIPLINARY ACTION IS DELETED. THE TRANSFERRING COMMAND, WITH ISIC APPROVAL, NEED ONLY OBTAIN THE GAINING COMMAND'S CONCURRENCE FOR THE TEMDU TRANSFER.

5. RECORD-KEEPING. ADSEP CASES WILL CONTINUE TO BE FORWARDED TO BUPERS AFTER THE SEPARATION AUTHORITY'S FINAL ACTION ON THE CASE FOR REVIEW AND FILING IN THE SERVICEMEMBER'S PERMANENT RECORD. A COPY OF THE SERVICEMEMBER'S DD-214 (RECORD OF DISCHARGE) SHOULD ACCOMPANY THE ADSEP PACKAGE IF THE SERVICEMEMBER WAS SEPARATED LOCALLY.