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

 
 ex-MM3, USN
Docket No. ND03-000508

Applicant’s Request

The application for discharge review was received on 20030211.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031229.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discovered no impropriety in the reason for discharge but did discover an inequity in the characterization of the Applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall change.  The discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My discharge was inequitable because it does not follow the guidelines clearly stated in the separation authority MILPERSMAN 1910-122 and MILPERSMAN 1910-304.

According to my DD-214 (document 3, page 1) item number 25 lists the separation authority as MILPERSMAN 1910-122.
-According to MILPERSMAN 1910-122 (document 1, page 6) the characterization of separation is to be Honorable, unless an Entry Level Separation or General (Under Honorable Conditions). It also states that this is warranted per MILPERSMAN 1910-300 to 19 10-308.
- MILPERSMAN 1910-304 (document 2, page 3) says to assign an Honorable characterization of separation when: “the quality of the member’s service generally met the standard of acceptable conduct and performance for naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate”. It says to assign General (Under Honorable Conditions) when: “the quality of the member’s service has been honest and faithful; however, significant negative aspects of the member’s conduct or performance of duty outweighed positive aspects of the member's service record”.

Using these guidelines, I should have been awarded an honorable discharge. The only negative item in my entire service record is one page 13. That page 13 was unwarranted. I received it just for talking to a Psychologist. There were no deficiencies in my performance or conduct. If you look at my service record I received above average marks on my evaluations and performed above average on all physical readiness tests. I have attached document 3 pages 2 through 11 as evidence of my performance. In that document is a letter of commendation from Captain R_ T_ W_ (page 2), a performance evaluation of 4.14 (page 3), the score of my last E-5 exam in which I scored higher than 97% of the people who took the test (page 4), a print out of my fall 2000 PRT in which I achieved an outstanding high on all aspects (page 5), and finally the qualifications I earned while aboard the USS Saipan (pages 6-11).

My discharge should not be a General discharge Under Honorable Conditions according to MILPERSMAN 1910-304 (document 2, page 3). There are not significant negative aspects of my conduct or performance.

I do however meet the requirements for an Honorable discharge according to MJLPERSMAN 1910-304 (document 2, page 3). My quality of service exceeded the standard of acceptable conduct and performance for naval personnel.”

Documentation

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

Applicant’s DD Form 214
MILPERSMAN 1910-122, Separation by Reason of Convenience of the Government – Personality Disorder (s) dated August 22, 2002 (6 pages)
MILPERSMAN 1910-300, Guidelines of Characterization of Service, dated August 22, 2002
MILPERSMAN 1910-302, General Considerations of Characterization of Service
MILPERSMAN 1910-304, Description of Characterization of Service (2 pages)
MILPERSMAN 1910-306, Limitations of Characterization of Service
MILPERSMAN 1910-308, Entry Level and Uncharacterized Separations (3 pages)
Commendation
Ten pages from Applicant’s service

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	980120 - 980504	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  980505		Date of Discharge:  010810

Length of Service (years, months, days):

	Active:    03  03  06
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  86

Highest Rate:  MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.67 (3)	Behavior:  3.25 (4)		OTA:  3.28

Military Decorations:  None

Unit/Campaign/Service Awards:  BER

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events:

000620:	Retention Warning:  Advised of deficiency (You have been diagnosed by medical authorities as having a personality disorder, not otherwise specified, with borderline features.  Your potential for future active naval service to the United States Navy is considered inadequate), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010723:	Applicant diagnosed with personality disorder NOS with borderline features.  The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.  Applicant was considered self-destructive and a continuing risk of harm to self or others.

010803:	Applicant notified of intended recommendation for discharge by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.  The least favorable characterization of service possible is a general (under honorable conditions).

010803:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

010810:	Commanding Officer directed discharge with type warranted by the service record by reason of convenience of the government on the basis of a diagnosed personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010810 with a general (under honorable conditions) for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. (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 but not equitable (C and D).

Issue 1.  The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.”  A review of the Applicant’s records indicated an honorable discharge was warranted.  The Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there was no adverse information that would have warranted a less favorable characterization.  Therefore, relief is granted.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 
27 March 2000 until 13 Aug 2001, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s). 

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.

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