ex-YNSN, USN
                                 ND07-00799

                  Current Discharge and Applicant’s Request

Application Received:  20070529   Characterization Received:
Narrative Reason:  PERSONALITY DISORDER       Authority:   MILPERSMAN  1910-
120

Applicant’s Request:   Characterization change to:
                 Narrative Reason change to:
Applicant’s Issues:    1. Characterization of service “Under Honorable
Conditions” is unfounded and in vast contradiction to her separation
evaluation and evaluations throughout her career.
                 2. Characterization of service was unfair and without
           warrant per MILPERSMAN 1910-120
                 3. DD-214 does not list medals and awards

                                  Decision

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  PERSONALITY DISORDER.

Date:  20071213              Location:  Washington D.C
Representation:

                                 Discussion

Issues 1 & 2 ().  The Applicant indicates the Characterization of service
“Under Honorable Conditions” that she received is unfounded and in vast
contradiction to her separation evaluation and evaluations throughout her
career and that under honor conditions is the least favorable.   For the
Applicant’s information, she received a “General (Under Honorable
Conditions)” characterization of discharge.  The Applicant is correct in
that, generally, a General (Under Honorable Conditions) can be considered
less favorable than Honorable.

The Applicant contends that the characterization of her service was unfair
and without warrant per MILPERSMAN 1910-120.  The record reflects that the
Commanding Officer, USS PEARL HARBOR notified the Applicant of his intent
to administratively separate the Applicant by reason of Convenience of the
government – Personality Disorder per MILPERSMAN 1910-122 and that the
least favorable characterization of service possible was General (Under
Honorable Conditions).  The Board noted that the Applicant DD-214 indicates
the separation authority is MILPERSMAN 1910-120.  In either case,
MILPERSMAN directs the characterization of discharge will be Honorable or
General (Under Honorable Conditions) per MILPERSMAN 1910-300 to 1919-304
for the circumstance of the Applicant’s situation.  MILPERSMAN 1910-304
directs assignment of “Honorable” when the quality of member’s service met
the standard of acceptable conduct and performance and that “General (Under
Honorable Conditions) is assigned when the member’s service has been honest
and faithful: however, significant aspects of the members conduct or
performance outweighed the positive aspects.  The record reflects that the
Applicant’s eligibility for a Good Conduct Medal was restarted 20021207 as
a result of Captain’s Mast.  While the Applicant’s record does not provide
fidelity as to the event that resulted in Captain’s Mast, the Board
presumes the Captain’s Mast was a result of the Applicant violating an
Article of the Uniform Code of Military Justice.   The Board determined an
upgrade would be inappropriate.

Issue 3 ().  The Board will recommend administrative correction to the DD-
214 concerning the Applicant’s awards.

In reviewing discharges, the Board presumes regularity in the conduct of
Government affairs unless there is substantial credible evidence to rebut
the presumption, to include evidence submitted by the Applicant.  After a
thorough review of the available evidence, to include the Applicant’s
Summary of Service, Medical and Service Record Entries, Discharge Process
and evidence submitted by the Applicant, the Board found that


            Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

        “SEA SERVICE DEPLOYMENT RIBBON, ARMED FORCES EXPEDITIONARY MEDAL,
NATIONAL DEFENSE SERVICE MEDAL, NAVY UNIT COMMENDATION”

The NDRB will recommend to the Commander, Navy Personnel Command, that the
DD 214 be corrected as appropriate.

                             Summary of Service

Prior Service:
Inactive: USNR (DEP)   20000616 - 20000730         Active:
Period of Service Under Review:
Date of Enlistment: 20000731 Years Contracted:  4; Extension:       Date of
Discharge:  20030122
Length of Service:  2  Yrs  5  Mths  22  Dys Lost Time:  Days UA:    Days
Confined:
Education Level:       Age at Enlistment:    AFQT:  56   Highest Rank/Rate:
 YNSN
Evaluation marks (# of occasions):      Performance:  4.0(3)  Behavior:
3.0(3)       OTA:  3.5
Awards and Decorations (per DD 214):  NONE

  Medical/Service Record Entries Related to Characterization of Service or
                             Basis for Discharge

20021207:   Good Conduct Medal.  Restarted this date.  Authority: Captain’s
           Mast

20030110:   Memorandum from Fleet Mental Health Unit to Commanding Officer,
           USS Pearl Harbor.  Applicant is not to be considered mentally
           ill but manifests a long-standing disorder of character and
           behavior which is of such severity as to render this individual
           unsuitable for continued military service in the U.S. Navy.
           Recommend immediate processing for administrative separation in
           compliance with MILPERSMAN 1910-122.


                              Discharge Process

Date Notified:                          20030114
Reason for Discharge:   -

Least Favorable Characterization:

Date Applicant Responded to Notification:          20030115
Rights Elected at Notification:
      Consult with Counsel
      Obtain Copies of Documents
      Submit Statement(s) (date)
      Administrative Board
      GCMCA review

Commanding Officer Recommendation (date):     (20030115)
Separation Authority (date): CO, USS PEARL HARBOR (20030115)
              Reason for discharge directed:  -
              Characterization directed:
Date Applicant Discharged:   20030122




      Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service: Service and/or Medical Record:         Other
Records:

Related to Post-Service Period:
      Employment:                 Finances:                   Education:

      Health/Medical Records:           Substance Abuse:
Criminal Records:
      Family/Personal Status:           Community Service:
References:

Additional Statements From Applicant:   From Representative:
Other Documentation (Describe)       

                          Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October
2002, effective 22 August 2002 until 25 January 2004, Article 1910-122
(formerly 3620225), Separation By Reason of Convenience of the Government -
Personality Disorder(s).

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval
Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211,
Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503,
Equity.







                  ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 Instruction
1332.28, you may submit a complaint in accordance with Enclosure (5) of
that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP,
The Pentagon, Washington, DC  20301-4000.  You should read Enclosure (5) of
the Instruction 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 Instruction
1332.28 and other Decisional Documents by going online at
“http://Boards.law.af.mil.”

Additional Reviews:  Subsequent to a document review, former members are
eligible for a personal appearance hearing, provided the application is
received at the NDRB within 15 years from the date of discharge.  The
Applicant can provide documentation to support any claims of post-service
accomplishments or any additional evidence related to this discharge.
Representation at a personal appearance hearing is recommended but not
required.  If a former member has been discharged for more than 15 years,
has already been granted a personal appearance hearing or has otherwise
exhausted his opportunities before the NDRB, the Applicant may petition the
Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC
20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for
post-service benefits, not the Naval 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.

Employment/Educational Opportunities:  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 of the propriety and equity of the discharge.

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over
reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any
other of the Armed Forces, the NDRB is not authorized to change a
reenlistment code.  Only the Board for Correction of Naval Records (BCNR)
can make changes to reenlistment codes.  Additionally, the Board has no
authority to upgrade a discharge for the sole purpose of enhancing
reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a
bar to reenlistment.  A request for a waiver can be submitted during the
processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not
preclude a disciplinary separation.  Appropriate regulations stipulate that
separations for misconduct take precedence over potential separations for
other reasons.  Whenever a member is being processed through the Physical
Evaluation Board, and subsequently is processed for an administrative
involuntary separation for misconduct, the disability evaluation is
suspended.  The Physical Evaluation Board case remains in suspense pending
the outcome of the non-disability proceedings.  If the action includes
either a punitive or administrative discharge for misconduct, the medical
board report is filed in the member’s terminated health record.
Additionally, the NDRB does not have the authority to change a narrative
reason for separation to one indicating a medical disability or “PTSD.”
Only the Board for Correction of Naval Records can grant this type of
narrative reason change.

Automatic Upgrades - 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 Naval service.  The
NDRB is authorized to consider post-service factors in the
recharacterization of a discharge to the extent such matters provide a
basis for a more thorough understanding of the Applicant’s performance and
conduct during the period of service under review.  Examples of
documentation that may be provided to the Board include proof of
educational pursuits, verifiable employment records, documentation of
community service, credible evidence of a substance free lifestyle and
certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and
material facts stated in a court-martial specification are presumed by the
NDRB to be established facts, issues relating to the Applicant’s innocence
of charges for which he was found guilty cannot form a basis for relief.
With respect to a discharge adjudged by a court-martial, the action of the
NDRB is restricted to upgrades based on clemency.  Clemency is an act of
leniency that reduces the severity of the punishment imposed.

Board Membership:  The names and votes of the members of the Board are
recorded on the original of this document and may be obtained from the
service records by writing to:

                         Secretary of the Navy Council of Review Boards
                         Attn:  Naval Discharge Review Board
                         720 Kennon Street SE Rm 309
                         Washington Navy Yard DC  20374-5023