D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1904-99
20 August 1999
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 1
*-
Ref:
(a) 10 U.S.C. 1552
(b) MILPERSMAN
(c) Diagnostic and Statistical Manual of Mental Disorders
Encl: (1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy, applied to
this Board requesting, in effect, that her reenlistment code be
changed.
2. The Board, consisting of Messrs. Cali, Morgan, and
Silberman, reviewed Petitioner's allegations of error and
injustice on 18 August 1999, and pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
c. Petitioner enlisted in the Naval Reserve on 20 October
1993 for eight years at age 21. She was ordered to active duty
for a period of three years on 1 February 1994.
d. Petitioner's record reflects that she was referred to
the mental health department on 14 March 1994, complaining that
she was having problems with control due to unresolved issues of
child abuse. She described a childhood in which she was
sexually abused by her grandfathers and uncles from the age of
six until she was 12 years old. She claimed that she had
obtained counseling on her own when she was 19 and had no
problem in establishing or maintaining friendships, but found it
very hard to trust others. She admitted to fleeting suicidal
thoughts during the past few weeks, but contracted against self-
harm while in recruit training.
e. Petitioner was diagnosed as having an adjustment
disorder with depressed mood. She was strongly recommended for
separation and considered psychologically unsuitable for
continued military training. The examining psychologist opined
that her adjustment disorder was so severe that she posed a
potential risk for harm to herself and others if retained.
f. On 15 March 1994, Petitioner was notified than an entry
level separation was being considered by reason of convenience
of the government due to a severe adjustment disorder. She was
advised of her procedural rights, declined to consult with
counsel, or submit a statement in her own behalf. She waived
her procedural rights and did not object to the discharge.
Thereafter, the discharge authority directed an entry level
separation by reason of convenience of the government due to a
severe adjustment disorder. She received an uncharacterized
entry level separation on 23 March 1994 and was assigned an RE-4
reenlistment code. Her DD Form 214 indicates that the reason
for her separation was a personality disorder.
g. Reference (b) authorizes separation due to a diagnosed
personality disorder specified in reference (b). The latter
reference essentially states that an adjustment disorder is not
a personality disorder.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action. In this regard, the Board notes Petitioner
was not diagnosed as having a personality disorder, but only an
adjustment disorder. Therefore, the Board believes that the
reason for separation was erroneous and should be changed.
Petitioner could have been discharged for erroneous enlistment
or entry level performance and conduct. However, since she was
not processed for any of these reasons, the Board concludes that
it would be appropriate and just to change the reason for
separation to "best interests of the service."
Since Petitioner's adjustment disorder was so severe that she
posed a potential risk for harm to herself and others if
retained, the Board concludes that the reenlistment code was
proper and no change is warranted.
RECOMMENDAT ION :
a. That Petitioner's naval record be corrected to show
that she was received an uncharacterized entry level separation
on 23 March 1994 by reason of "Secretarial Authority" vice
"Personality Disorder" as now shown on her DD Form 214. This
should include the issuance of a new DD Form 214.
That no further relief be granted.
c. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made a part of Petitioners naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH !
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6
(e)) and having assured compliance with its provisions, it is
hereby announced that the foregoing corrective action, taken
under the authority of reference (a), has been approved by the
Board on behalf of the Secretary of the Navy.
Executive
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