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

FOR OFFICIAL USE ONLY

 ex-SN, USN 
Docket No. ND05-01128

Applicant’s Request

The application for discharge review was received on 20050629.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance discharge review before a traveling panel closest to San Diego, CA.  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 DC 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 20051215.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an impropriety in the Applicant’s Narrative Reason for Separation was discovered by the NDRB.  The Board’s vote was unanimous that the discharge shall remain General (Under Honorable Conditions) and the reason for discharge shall change to Secretarial Authority.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application.

“I was properly diagnosed as having a personality disorder but I didn’t have a general court-martial conviction or more than one special court martial conviction during my last tour. ASWAUTH as required by LIPSMAN v. BROWN, CA 76-1175 (D.D.C. 2/6/78) [no #]”

Documentation

Only the service record was reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19961018 - 19970914	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19970915		Date of Discharge:  19990324

Length of Service (years, months, days):

	Active:    01  06  10
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	None
	Confinement:			None

Age at Entry:  19

Years Contracted:  4

Education Level:  13				AFQT:  80

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*				Behavior:  NA*		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  None

* Not Available

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

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

Chronological Listing of Significant Service Events: 

980612:	NJP for violation of UCMJ, Article 128.
	Specification:  Assault consummated by a battery, on 980606.
	Award:  Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  Reduction suspended for 2 months.  No indication of appeal in the record.

990220:	Medical evaluation by Mental Health Division.
Diagnosis:  
Axis I  No Diagnosis.
Axis II:  Borderline Personality Disorder
The psychologist recommended expeditious administrative separation.  The Applicant does manifest a long standing disorder of character and behavior which is of such severity as to interfere with her serving adequately in the Navy.  Although not imminently suicidal or homicidal, she is at continuing risk to do harm to herself or others if retained in the service.  Expeditious administrative separation is strongly recommended.

990227:	Applicant notified of intended recommendation for discharge by reason of convenience of the government - physical or mental condition.  The Applicant was notified that the least favorable characterization of service possible is general (under honorable conditions).

990227:	Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and submit a statement.

990227:	Commanding Officer, USS HARPERS FERRY (LSD-49) recommended discharge by reason of a personality disorder with borderline personality traits, as evidenced by the evaluation conducted on USS BOXER.

990305:	Transient Personnel Unit, San Diego, requested characterization of discharge recommendation for Applicant from Commanding Officer, USS HARPERS FERRY.

990316:	Transient Personnel Unit, San Diego, second request for discharge recommendation for Applicant from Commanding Officer, USS HARPERS FERRY.

990318:	Commanding Officer, USS HARPERS FERRY, recommends separation with a general (under honorable conditions).

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990324 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (under honorable conditions).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the Narrative Reason for Separation was improper, but the characterization of service was equitable (B and C). 

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted.  The Applicant was properly diagnosed by qualified medical officer that she was suffering from a personality disorder at the time of her discharge from the naval service.  However, during the Applicant’s administrative discharge processing, she was notified for administrative separation by reason of convenience of the government – physical or mental conditions.  Separation under that article requires the issuance of a NAVPERS 1070/613 retention warning prior to the initiation of discharge processing.  There is no evidence in the record that the Applicant was ever issued the appropriate retention warning.  The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, erroneously indicates she was separated for a Personality Disorder even though she was never notified of separation for this reason.  A change to convenience of the government – physical or mental conditions would be inappropriate because of the missing NAVPERS 1070/613 retention warning.  As such, the Board unanimously concluded the only appropriate Narrative Reason for Separation is Secretarial Authority.  Relief granted.

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A general (under honorable conditions) discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by nonjudicial punishment proceedings for a violation of UCMJ Articles 128, assault consummated by a battery.  Under applicable regulations, a violation of UCMJ Article 128 is considered a serious offense.  The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of her characterization of service.  Relief is not warranted.

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.  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 21, effective 
01 Sep 1998 until 19 May 99, 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 V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		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