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

     ex-MSSR, USN
Docket No. ND04-00020

Applicant’s Request

The application for discharge review was received on 20031001.  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 20040728.  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 HONORABLE CONDITIONS (GENERAL)/other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Please review my supporting documents and respond to me in writing.  Thank you.”

Documentation

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

Certificate of completion of sanitary food service, dated October 18, 1991
Applicant’s DD Form 214 (2)
Character reference, dated September 10, 2003
Character reference, dated September 10, 2003
Character reference, dated September 14, 2003
Character reference, dated September 12, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	900612 - 910606	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  910607		Date of Discharge:  920227

Length of Service (years, months, days):

	Active:    00  08  21
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  52

Highest Rate:  MSSR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.80 (1)	Behavior:  2.80 (1)		OTA:  2.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

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

UNDER HONORABLE CONDITIONS (GENERAL)/other physical/mental conditions - personality disorder, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

920107:	Retention Warning: Advised of deficiency (A character of disorder manifested by inconsistent performance, argumentative behavior, being distracted and failing to complete assigned work.  Poor impulse control, aggressive behavior.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920203:	Applicant diagnosed with Axis I: Adjustment disorder with depressed mood.  Axis II: Personality disorder not otherwise specified with immature 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.

920204:	Letter from Commanding Officer, USS DEFENDER (MCM-2) to Commanding Officer, Transient Personnel Unit referring to transfer of Applicant for administrative discharge due to a character disorder.

920227:	DD Form 214: Applicant discharged under honorable conditions (general) by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920227 under honorable conditions (general) 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 and B).  In the absence of the discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

The documentation provided by the Applicant was not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The Applicant was diagnosed with a personality disorder by a competent medical authority on 920203.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  Relief denied.

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, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.   At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty.  

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER.

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”. 

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

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

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, effective 910815 - 930304),  Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT, states:

1. Chief of Naval Personnel, 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 reasons listed here.  The term "separation" as used in this article includes discharge, transfer to the Naval Reserve and concurrent release to inactive duty, release to inactive duty in certain cases of naval reservists serving on active duty who have service obligation time remaining, or transfer of inactive duty members from the Selected Reserve to the Individual Ready Reserve.  A member may not request separation per this article for reasons pertaining to involuntary discharge or separation.  Separation of a member for Convenience of the Government shall not be effected until all outstanding disciplinary actions involving the member have been resolved.

a.  Hardship.  Upon request of the member and concurrence of the Chief of Naval Personnel, separation may be directed when genuine undue hardship exists.  Procedures for submission of hardship requests are prescribed in Article 3620210.

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

c.  Parenthood.  A member, who is unable to perform duties assigned, is repetitively absent, or is unavailable for worldwide assignment or deployment due to parenthood, may be separated under this provision.  Procedures and guidelines are contained in MILPERSMAN 3620215.

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 of university), vocational or technical school.  The Deputy Chief of Naval Personnel is the separation approving authority and not the member’s commanding officer.  Procedures and guidelines ate prescribed in MILPERSMAN 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 MILPERSMAN 1860120.

f.  Surviving Son or Daughter.   A member may be separated if authorized under DOD Directive 1315.15, Special Separation Policies For Survivorship.  Procedures and guidelines are prescribed in 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 MILPERSMAN 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 their 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), and excessive height.  Commanding officers with special courtmartial [sic] convening authority (SPCMCA) have the authority to effect the separation of a member processed under this provision provided the member has received counselling concerning the  deficiencies, and disciplinary action including punishments awarded for any pending offenses has been completed, and the member does not object to the separation.  Should member object to the separation, forward the completed case to Pers-281 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 and readable 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 and readable 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 MILPERSMAN 3620225.

(4) Motion/Air Sickness

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

- Copy of Page 9 (NAVPERS 1070/609)

h.  Failed to Meet Physical Readiness Standards (obesity/PRT).  A member may be separated for failing to meet the standards set for the in the physical readiness program due to obesity or failure of the physical readiness test.  The physical readiness standards are contained in MILPERSMAN 3420440.) See MILPERSMAN 3620250 for additional guidelines in processing member for discharge under this provision.)  

i.  Aliens.  A member who is an alien may be separated at the member's request, with the concurrence of Chief of Naval Personnel (Pers-282), 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 3620260).

j.  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  the Navy 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.  Under the direction of the Chief of Naval Education and Training and the Chief of Naval Air Training, the Commanding Officer, Naval Aviation Schools Command is authorized to approve the discharge of members disenrolled from the AOC, NFOC, AI, and AMDOC, AND AVROC Programs.  Commanding officers of Navy Recruiting Districts (NRD), are authorized to approve the discharge of inactive members awaiting attendance at Officer Candidate School (OCS) or Aviation Officer Candidate School (AOCS), who no longer meet eligibility criteria.  Discharge of a member who request disenrollment or who fails to satisfactorily meet requirements for graduation 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.  All other requests for separation under this provision are to be forwarded to the Chief of Naval Personnel for determination. 

k.  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 evaluations shall be entered on 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 MILPERSMAN 3610300.

4.  Separation processing for failing to meet the physical readiness standard (obesity/PRT failure), Parenthood, or Personality Disorders may not be initiated until the member has been counseled by their command concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected on an appropriate Page 13 service record entry.  This requirement is particularly important in that a member should not be separated for the reasons above unless there have been documented efforts at rehabilitation.  Such efforts must include the following and be documented in the member’s service record:

- Written notification concerning deficiencies or impairments

- Specific recommendations for corrective action, indicating any assistance available

- Comprehensive explanation of the consequences of failure to undertake successfully the recommended corrective actions

- Reasonable opportunity for the member to undertake the recommended corrective action.  Members with broken service have previously demonstrated appropriate military behavior and conformance to military regulations and customs.  These members should adapt more rapidly to appropriate military behavior and, therefore, failure to rehabilitate themselves could be evident in a shorter period of time.

B.  The Naval Military Personnel Manual, (NAVPERS 15560C, effective 910815 - 930304), Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER, states:

1.  Separation may be directed by Chief of Naval Personnel (Pers-282) or Officer with Special Court Martial Convening Authority (SPCMCA), when member has been diagnosed with a personality disorder (as described in the Diagnostic and Statistical Manual (DSM III) of Mental Disorders) and that such condition will interfere with a member's performance of duty or pose a threat to their safety or well-being, and may further render an individual incompatible with the naval service.

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 due to 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 evaluation 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 [the] member's disorder is of such severity as to render member incapable of serving adequately in the naval service.   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 be supportive as documented interference with performance of duty.
	
c.  Documented interference must be 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 member has been advised of their [sic] deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected on an appropriate Page 13 service record entry (NAVPERS 1070/613, Administrative Remarks).  Member should not be separated unless there have been documented efforts at rehabilitation.  Such efforts must include the following and be documented in the member's service record:

(1) Written notification concerning deficiencies or impairments.

(2) Specific recommendations for corrective action, indicating any assistance available.

(3) Comprehensive explanation of the consequences of failure to undertake successfully the recommended corrective actions.

(4) Reasonable opportunity for the member to undertake the recommended corrective action.

EXCEPTION.  As the only exception to the prescribed policy, the administrative counseling, done on the NAVPERS 1070/613, will not be required in those instances where the medical authority has evaluated a member 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 (TAD) to the nearest separation activity.  Temporary Duty (TEMDU) transfer will not be authorized until complete documentation is presented indicating a need for transfer ashore and must be authorized by Pers-282.  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 MILPERSMAN 3640200.  Discharge requests requiring approval from the Chief of Naval Personnel, should be sent to Pers-282 for determination.  Ensure cases approved by the SPCMCA are sent to Pers-282 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 is warranted on the basis of unsatisfactory performance or misconduct, the member shall not be processed under this section regardless of the existence of a personality disorder.

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