DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5581-98
7 May 1999
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 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. Dunn, Mr. Pfeiffer, and Mr.
2.
Mathews, reviewed Petitioner's allegations of error and injustice
on 4 May 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 25 February 1998 at
C .
age 22.
About five days later he was seen at the Recruit
Evaluation Unit. At that time he admitted to a preservice
history of treatment for Attention Deficit/Hyperactivity Disorder
(ADHD).
as follows:
The subsequent psychiatric evaluation states, in part,
.
. (He) described an extensive history of
.
distractibility in school,
quiet or staying still.
paying attention to teachers, and as a result did
poorly on tests.
the moment" and was always told to be quiet.
Ritalin for approximately three months, when in June of
He often did things
and difficulty remaining
He stated that he had trouble
"on the spur of
(He) took
1997 he began taking Prozac.
October of 1997.
He last took Prozac in
The psychologist concluded that the psychological assessment,
interview data and history supported a diagnosis of Attention
Not Otherwise Specified and
Deficit/Hyperactivity Disorder,
recommended an entry level separation.
d.
On 5 March 1998 Petitioner was notified of
separation processing due to erroneous enlistment. In
connection with processing he elected to waive his
procedural rights.
directed an entry level separation.
18 July 1995.
entered as "personality disorder" on the DD Form 214. At
that time he
.was not recommended for reenlistment and was
assigned an RE-4 reenlistment code.
On 5 March 1998 the separation authority
He was so separated on
The narrative reason for separation was
e.
The Board is aware that Attention Deficit/Hyperactivity
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
Interest of the Service" or
"Secretarial Authority."
"Best
CONCLUSION:
and the diagnosed attention
In this regard, the Board notes Petitioner's undisclosed
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
preservice treatment,
deficit/hyperactive disorder prior to and during his enlistment.
Since his condition would severely impact on his ability to
complete recruit training and subsequent service, the Board
concludes that separation from the Navy was warranted.
the Board also finds that he does not have a diagnosed
personality disorder and separation for that reason is erroneous.
Accordingly, the Board concludes that the narrative reason for
separation should be changed to best interest of the service or
secretarial authority.
However,
The Board is aware that most individuals who failed to complete
Navy recruit training are assigned an RE-4 reenlistment code.
The Board believes the nature of Petitioner's condition makes the
assignment of an RE-4 reenlistment code appropriate.
the Board concludes that the reenlistment code should not be
changed.
Accordingly
2
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.
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
fl?&ip
ALAN E. GOLDSMI H
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
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.
ri3LW. DEAN PFEIFFER
Executive Director
3
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