DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3381-99
8 November 1999
From: Chairman, Board for Correction of Naval Records
To:
Subj: REVIEW OF NAVAL RECORD OF fflj JIIJWiJOL~~j11*ft.
Secretary of the Navy
-
Ref:
(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 to show a more favorable type of discharge than the
general discharge issued on 16 October 1998.
requests a change in the RE—4 reenlistment code.
Additionally, he
2. The Board, consisting of Mr. Morgan, Mr. Hogue, and Ms.
Taylor, reviewed Petitioner’s allegations of error and injustice
on 6 October 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 22 January 1998 at age
22.
formal education.
disciplinary actions.
At the time of enlistment he had completed 12 years of
During this period of enlistment, he had no
d. On 11 September 1998 a psychiatric evaluation found that
Petitioner had a personality disorder and was considered a danger
to himself and others.
e.
On 16 October 1998 Petitioner received his only enlisted
performance in which he attained a mark of 2.0 in individual
trait average.
by reason of convenience of the government due to a diagnosed
personality disorder.
reenlistment code of RE-4.
At the time Petitioner was assigned a
On the same date, he received a general discharge
f. Character of service is based, in part, on the average of
the individual trait averages on all enlisted performance
evaluations.
Petitioner’s individual trait average was 2.0.
minimum average required for a fully honorable characterization
of service.
Taking the only evaluation into account,
That is the
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 individual trait average.
However, the Board notes that the RE—4 reenlistment
Petitioner has also requested that his reenlistment code be
changed.
code is authorized by regulatory guidance for individuals
discharged due to diagnosed personality disorders, and the code
is often assigned in such cases if the individual is deemed a
threat to himself or others.
is no error or injustice in his reenlistment code.
the Board concludes that Petitioner’s request for a change in his
reenlistment code be denied.
The Board thus concludes that there
Therefore,
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 16 October 1998 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.
d. That, upon request, the Veterans Administration be informed
that Petitioner’s application was received by the Board on 21 May
1999.
2
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.
27
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2 ~
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.
3
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