Search Decisions

Decision Text

NAVY | BCNR | CY1999 | 03228-98
Original file (03228-98.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAW ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 3228-98
12 April 1999

Chairman, Board for Correction of Naval Records
Secretary of the Navy

RECORD OF

(a) 

Tktle 10 U.S.C. 1552

(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record

From:
To:

Subj:

Ref:

Encl:

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlisted member of the United States Navy filed enclosure
(1) with this Board requesting that his reenlistment code be
changed.

The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.

2.
Milner, reviewed Petitioner's allegations of error and injustice
on 6 April 1999 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.

Documentary material considered by

The Board, having reviewed all the facts of record pertaining

3.
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.

Enclosure (1) was filed in a timely manner.

Petitioner enlisted in the Navy on 20 June 1995 at age
C .
Nine days later he was seen at the Recruit Evaluation Unit.

18.
At that time he admitted to an extensive history of inpatient
treatment with diagnoses of attention deficit hyperactivity
disorder and adjustment disorder.
in part, as follows:

The evaluation further states,

Since arriving on active duty . . . . claims to have an
inability to adapt to the routine rigor of basic
training, experienced period of uncontrollable crying,
decreased sleep, recurrent thoughts of striking out at
others, thoughts of going on unauthorized absence, an
inability to relax, conflicts with RDC, and difficulty
establishing significant peer relationships. . . .

evaluations document poor performance.

d.

On 29 June 1995 Petitioner was notified of separation

processing due to conduct/adjustment disorder and did not object
On 1 July 1995 the separation authority directed
to separation.
He was so separated on 18 July 1995.
an entry level separation.
The narrative reason for separation was entered as "personality
disorder" on the DD   Form  214.
recommended for reenlistment and was assigned an RE-4
reenlistment code.

At that time he was not

e.

The Board is aware that a conduct disorder is not listed
in the Diagnostic and Statistical Manual of Mental Disorders as a
personality disorder, but is a separate category of disorder.

f.

The Board is also aware that when discharge is warranted

but the reason for discharge is erroneous, the narrative reason
for separation is normally changed to the nonstigmatizing

"Best

Interest of the Service" or

"Secretarial Authority."

 

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes Petitioner's inpatient
treatment, the diagnosed conduct and adjustment disorders prior
to and during his enlistment and his documented inability to
adapt to recruit training.
separation from the Navy was warranted.
notes that he does not have a diagnosed personality disorder and
separation for that reason is erroneous.
Accordingly, the Board
further concludes that the narrative reason for separation should
be changed to best interest of the service or secretarial
authority.

Therefore, the Board concludes that

However, the Board also

The Board is aware that most individuals who failed to complete
Navy recruit training are assigned an RE-4 reenlistment code. In
addition, the Board believes the nature of Petitioner's mental
problem makes the assignment of an RE-4 reenlistment code
appropriate.
reenlistment code should not be changed.

Accordingly the Board concludes that the

RECOMMENDATION:

That Petitioner's naval record be corrected to show that

a.
the narrative reason for separation is Secretarial Authority vice
the narrative reason for separation now of record.

That Petitioner's request for a change in his reenlistment

b.
code be denied.

2

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,
of Proceedings, for retention in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner's naval record.

together with this Report

It is certified that a quorum was present at the Board's

4.
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  

Naw

3



Similar Decisions

  • NAVY | BCNR | CY2006 | 02864-06

    Original file (02864-06.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100TJRDocket No: 2864-06 17 October 2006From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL OF RECORDSRef: (a) 10 U.S.C. Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.2 The Board, consisting of Messrs and reviewed...

  • NAVY | BCNR | CY1999 | 07576-98

    Original file (07576-98.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by changing the RE-4 reenlistment code assigned on 8 April 1998. Accordingly, the Board concludes that the reason should be changed to reason for separation which is assigned when no other reason is appropriate. That Petitioner's naval record be corrected to show he received an entry level...

  • NAVY | BCNR | CY2013 | NR2947 13

    Original file (NR2947 13.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7015. In the alternative, that his general characterization of service be upgraded to honorable, RE-4 (not recommended for retention) reentry code be changed to RE-1, and receive full involuntary separation pay. Although Petitioner was medically diagnosed with an adjustment disorder, the DD Form 214 erroneously states that he was discharged by reason of a “PERSONALITY DISORDER”.

  • NAVY | BCNR | CY1999 | 07447-97

    Original file (07447-97.pdf) Auto-classification: Approved

    1552 (b) SECNAVINST 7220.383 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Navy filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by reinstating him to active duty, changing the reason for discharge or, in the alternative, that the record be corrected to show that the unearned portion of...

  • NAVY | BCNR | CY2002 | 03928-02

    Original file (03928-02.doc) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by changing the RE-4 reenlistment code assigned on 19 September 1995. e. On 19 September 1995 he received an entry level separation by reason of personality disorder. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief.

  • NAVY | BCNR | CY1999 | 02469-99

    Original file (02469-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. The record reflects that on 30 June 1998 you were referred to a mental health unit because of suicidal ideation, inability to tolerate authority, and a prior undisclosed history of psychiatric treatment. Separation by erroneous entry is authorized when an enlistment would not have occurred if a disqualifying factor had been known prior to enlistment.

  • ARMY | BCMR | CY2010 | 20100017283

    Original file (20100017283.txt) Auto-classification: Approved

    Army Regulation 635-5-1 states the narrative reason for separation for Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-13 is "personality disorder." The applicant contends he should have been diagnosed with ADHD, and his discharge should have been based upon that condition, not the stated "personality disorder." The evidence of record in this case shows the applicant was evaluated by a psychiatrist who diagnosed him with an adjustment disorder.

  • NAVY | BCNR | CY2001 | 05838-00

    Original file (05838-00.pdf) Auto-classification: Approved

    From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Naval Reserve filed an application with this Board requesting that his record be corrected to show a better reenlistment code than the RE-4 reenlistment code now of record. Given the circumstances, the Board concludes Therefore, the However, the Board The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record so that all...

  • NAVY | BCNR | CY2008 | 03502-08

    Original file (03502-08.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 3502-08 19 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD 0 5,

  • NAVY | BCNR | CY1999 | 05577-98

    Original file (05577-98.pdf) Auto-classification: Approved

    1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Navy filed enclosure (1) with this Board requesting that his reenlistment code be changed. d. On 9 September 1996 Petitioner was notified of separation processing due to erroneous enlistment. RECOMMENDATION: That Petitioner's naval record be corrected to show that a. the narrative...