DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAW ANNEX
WASHINGTON DC 203704100
CRS
Docket No:
3 June 1999
7576-98
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
_
(a) 10 U.S.C. 1552
(b) SECNAVINST
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1910.4A
1. 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.
2. The Board, consisting of Mr. Pfeiffer, Mr.
Leeman, and Mr.
Pauling, reviewed Petitioner's allegations of error and injustice
on 27 April 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. Enclosure (1) was filed in a timely manner.
C . Petitioner enlisted in the Navy on 9 March 1998 at age 20.
At the time of his enlistment he had completed 12 years of formal
education.
d. On 27 March 1998, while Petitioner was still in recruit
training, a psychiatric evaluation found that he had an
adjustment disorder.
desired to be discharged or depart on an unauthorized absence.
In this regard, it was noted that he
e. On 3 April 1998 the commanding officer directed that
Petitioner be separated by reason of the diagnosed adjustment
On 8 April 1998 Petitioner received an entry level
disorder.
separation by reason of personality disorder.
Petitioner was assigned a reenlistment code of RE-4.
At that time
f. Reference (b) states that a personality disorder, as
defined in the Diagnostic and Statistical Manual (DSM-III), must
be diagnosed in order to support a separation by reason of
personality disorder.
disorder as a personality disorder.
The DSM III does not list an adjustment
g. Applicable directives authorize the assignment of an RE-4
reenlistment code to an individual who has failed to complete
recruit training due to performance and conduct.
Individuals separated for this reason may
The Board notes that Petitioner's record contains no
"best interest of the service", a non-stigmatizing
In this regard, the Board believes that had the
h. Reference (b) states that an individual may be separated by
reason of best interest of the service if separation is
appropriate but no other reason set forth in the reference covers
the situation at hand.
receive a reenlistment code of RE-Rl, RE-1, or RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief.
evidence that he was diagnosed with a personality disorder, only
an adjustment disorder.
Therefore, the Board concludes that the
reason for discharge is inappropriate and should be changed.
Accordingly, the Board concludes that the reason should be
changed to
reason for separation which is assigned when no other reason is
appropriate.
command been aware that separation by reason of personality
disorder was improper, discharge action would have been initiated
by reason of entry level performance and conduct given his
failure to adjust to recruit training.
However, the Board is
unwilling to substitute this somewhat stigmatizing reason for
separation without affording Petitioner notice and an opportunity
tp respond.
Accordingly, the Board believes the nondescript
reason of best interest of the service-is now appropriate.
Although Petitioner requested that his reenlistment code be
changed, the Board notes that an RE-4 reenlistment code is
authorized by regulatory guidance for individuals who fail to
or those discharged by reason of best
complete recruit training,
interest of the service.
Therefore, the Board concludes that
there is no error or injustice in his reenlistment code.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
2
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show he
received an entry level separation by reason of best interest of
the service on 8 April 1998, vice by reason of personality
disorder.
b. 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
for retention in a confidential file
with no cross reference being made a
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's 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.
together with a copy of
/
ALAN E. GOLDS ITH
Acting Recorder
ROBERT D. ZSALMAN
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 uner the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
3
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