DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2126—01
18 May 2001
From: Chairman, Board f or Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
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 Naval Reserve, filed enclosure (1)
with this Board requesting, in effect, that his naval record be
corrected by changing the RE-4 reenlistment code assigned on 18
March 1998.
2. The Board, consisting of Mr. Pfeiffer, Mr. Neuschafer, and Mr.
Mackey, reviewed Petitioner’s allegations of error and injustice on 11
April 2001 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 Naval Reserve on 12 February 1998 at age
29. She reported to active duty on 3 March 1998. Petitioner did not have
any disciplinary actions or performance problems during her brief period of
service.
d. On 13 March 1998 the commanding officer directed Petitioner’s
separation based on a psychiatric evaluation that diagnosed her with panic
disorder with agoraphobia (fear of open spaces). He directed that
Petitioner be separated for entry level separation by reason of erroneous
enlistment. On 18 March
1998 she received an entry level separation by reason of personality
disorder. At that time she was assigned a reenlistment code of RE-4.
e. Applicable directives authorize the assignment of either an RE-
3E or RE-4 reenlistment code to an individual separated for erroneous
enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner’s request warrants favorable action. In this
regard, the Board notes that Petitioner’s commanding officer directed
separation by reason of erroneous entry and she was administratively
processed for this reason. Additionally, agoraphobia is not a
personality disorder. Therefore, the Board concludes that erroneous
enlistment should be the reason for discharge. Accordingly, the Board
recommends that Petitioner’s reason for separation be changed to
erroneous enlistment vice personality disorder.
The Board also concludes that the reenlistment code of RE-3E should be
assigned since there is no evidence that Petitioner had any
performance problems or disciplinary infractions during her brief
period of service and her record does not otherwise support the more
stigmatizing code of RE-4.
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 she
received an entry level separation by reason of erroneous enlistment
on 18 March 1998.
b. That the record be further corrected by changing the RE-4
reenlistment code to RE-3E.
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 18 March 2001.
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.
ROBERT D. ZSALMAN ALAN E. GOLDSMIT
Recorder 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.
V
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