DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
28 September 1999
3638-99
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
Ref:
REVIEW OF NAVAL RECORD OF
juu.turar
(a) 10 U.S.C. 1552
End: (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, filed enclosure
(1) with this Board requesting, in effect, that his naval record
be corrected by changing the RE—4 reenlistment code assigned on
26 August 1993.
2. The Board, consisting of Ms. Nofziger, Mr. Pfeiffer, and Ms.
Hardbower, reviewed Petitioner’s allegations of error and
injustice on 22 September 1999 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Documentary material
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
adminjistrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that enclosure (1) was not filed in
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 Navy on 16 April 1992 at age 19.
At that time he had completed 12 years of formal education.
d. On 3 August 1993 a psychiatric evaluation found that
Petitioner had a personality disorder and that he was a risk to
himself and others.
e. On 17 August 1993 the commanding officer recommended that
Petitioner be separated with a general discharge by reason of a
personality disorder.
After review by the discharge authority,
Petitioner received a general discharge by reason of convenience
of the government due to a diagnosed personality disorder.
At
that time Petitioner was assigned a reenlistment code of RE-4.
f. Character of service is based, in part, on one’s conduct
and overall traits averages, both of which are computed from
marks assigned during periodic evaluations.
and overall traits averages were 3.1 and 2.8, respectively.
minimum average marks required for a fully honorable
characterization of service at the time of Petitioner’s
separation were 3.0 in conduct and 2.8 in osferall traits.
Petitioner’s conduct
The
g. Applicable directives authorize the assignment of either an
RE-3G or RE-4 reenlistment code to an individual discharged due
to a physical or mental condition such as a diagnosed personality
disorder.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants partial
relief.
In this regard, the Board concludes that his general
discharge should be recharacterized to honorable based on the
member’s conduct and overall traits averages and since he had no
disciplinary actions during his period of service.
Although Petitioner has requested that his reenlistment code be
changed, the Board notes that the RE-4 reenlistment code is
authorized by regulatory guidance for individuals discharged due
to diagnosed personality disorders.
since Petitioner was a risk to himself and others, there is no
error or injustice in his reenlistment code.
Board concludes that Petitioner’s request for a change in his
reenlistment code be denied.
The Board concludes that
Therefore, the
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he
was issued an honorable discharge by reason of convenience of the
government due to a personality disorder on 26 August 1993 vice
the general discharge actually issued on that date.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
2
d. That, upon request, the Veterans Administration be informed
that Petitioner’s application was received by the Board on 3 June
1999.
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.
1
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Re~order
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 Di.
3
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