DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL

  RECORD S

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 
27 July 2001

709-01:

Chairman,
Secretary

Board for Correction of Naval Records
of the Navy

CORD 

OF,

(a) Title 10 U.S.C. 1552

(1) Case Summary
(2) 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 an
application with this Board requesting that his record be
corrected by changing the reason for discharge and reenlistment
code.

The Board, consisting of Mr. Adams, Mr. Chapman and Ms. Hare,

2.
reviewed Petitioner's allegations of error and injustice on 24
July 2001 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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:

The Board, having reviewed all the facts of record pertaining

Documentary material considered by

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 16 July 1996 at age
C .
She then served in a satisfactory manner for several years.

18.
On 28 April 1999 a clinical social worker noted as follows:

. 

. the active duty member has indicated a potential
. 
harm to herself due to her reported trauma and due to
her negative interactions with her chain of command.
Action suspending (Petitioner's) clearances is felt to
be necessary from a mental health perspective.
Final
disposition on this matter in response to specific
behaviors rests with the commander.
Since becoming
aware of this change in mental status as relevant to
security issues, notification has been made to the

proper command authorities by this officer.

The following diagnoses were made:

Post Traumatic Stress Disorder
Sexual Abuse of Adult (clinical focus is on victim)
Histrionic Personality Disorder

d.

Subsequently, Petitioner stated that she was in

agreement with the clinical social workers recommendation based
on a "personality disorder due to stressors of past event of
sexual assault."
processing due to the diagnosed personality disorder.
time, she elected to waive her procedural rights.
the commanding officer directed an immediate discharge.
honorably discharged on 13 May 1999.
assigned an RE-4 reenlistment code.

On 30 April 1999 she was notified of separation

That same day
She was

At that time she was

At that

e.

Petitioner states that after her discharge she was

evaluated by a doctor from the Department of Veterans Affairs and
no evidence of a personality disorder was found.
at the time of the diagnosis,
to an unidentified man entering the window to her barracks room
while she was sleeping.
The stress continued due to "harassing
e-mails, notes left on her door, and different things happening
to my 
She contends that her ability to serve was impaired
by these occurrences and it has been determined that her problems
were caused by this unpleasant situation.

She states that
she was having a very hard time due

car."

e.

Attached to enclosure (2) is an advisory opinion from a
psychiatrist at the National Naval Medical Center that states, in
part, as follows:

. 

There is also mention of

. (Petitioner) apparently had some kind of

. 
dissatisfaction with the manner in which her unit
handled a stalking situation.
anxiety surrounding a sexual assault and lengthy
victimization by a stalker.
suicidality within the record.
None of these
finding(s) are specific evidence of Histrionic
Personality Disorder, even though one may find
suicidality and interpersonal difficulties in  
personal (sic) who is histrionic.
On the other hand,
(Petitioner's) anxiety and interpersonal difficulties
may have resulted from the trauma of having a stalker
harassing her.

There is also mention of

a

The psychiatrist concludes that although Petitioner may have
personality disorder,
there is no evidence to support that
diagnosis.

a

2

f.

She believed her command did not take her

Also attached to enclosure (1) is an additional
The
submission from a licensed clinical psychologist.
psychologist found that following two instances of sexual
assault, Petitioner's symptoms most likely met DSM-IV criteria
for Post Traumatic Stress Disorder and a mixed anxiety and
depressive disorder.
seriously and this situation resulted in continued symptoms
leading to her discharge.
considering the results of the psychological testing, the
psychologist concludes that she does not have a personality
disorder and she appears to be functioning well.

After interviewing Petitioner and

g.

The Board is aware that when a reason for discharge is
found to be in error and no other reason for discharge fits the
"best interest of the
circumstances, a reason for discharge of  
service" or "secretarial authority" may be used.

CONCLUSION:

The Board notes the advisory opinion and the letter

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
from the psychologist, both of which conclude that the diagnosis
of personality disorder is either unsupported or incorrect.
However, the Board believes that discharge from the Navy on 13
May 1999 was appropriate given the symptoms she was experiencing
at the time.
the Board concludes that the reason for discharge should be
changed to Secretarial Authority.

Since no other reason for discharge is appropriate,

Given the circumstances, to include

Concerning the reenlistment code, the Board notes that the RE-4
reenlistment code was assigned based in large part, on the
personality disorder diagnosis which has now been found to be
unsupported or incorrect.
the psychologist's conclusion that she is now doing well, the
Board concludes that an RE-1 reenlistment code is now warranted.
However, the Board notes that even if she does not have a
personality disorder, she was still having difficulties that
should be considered in any future security clearance
determination.
warranted, the Board further concludes that this Report of
Proceedings should be filed in Petitioner's naval record so that
all future reviewers will understand the circumstances which led
to her discharge on 13 May 1999, and the rationale for the
Board's favorable action.

Given the Board's conclusion that discharge was

RECOMMENDATION:

That Petitioner's naval record be corrected by issuing a new

a.
DD Form 214 to show that on 13 May 1999 she was honorably
discharged by reason of Secretarial Authority vice the reason of
personality disorder now of record.

That Petitioner's naval record be further corrected to show

b.
that she was assigned an RE-1 reenlistment code on 13 May 1999
vice the RE-4 reenlistment code now of record.

That this Report of Proceedings be filed in Petitioner's

C .
naval record.

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

&F

ALAN E. GOLDSMITH
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.

.

,W

Fch

DEAN PFEIFFER

Executive Director

4