DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

ELP
Docket No. 2968-01
24 August 2001

Chairman, Board for Correction of Naval Records
Secretary of the Navy

From:
To:

Subj:

Ref:

(a) 10 U.S.C.1552

Encl:

(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 Navy, applied to this Board
requesting changes in the reason for discharge and reenlistment
code.

The Board, consisting of Messrs. Pfeiffer, Zsalman, and

2.
Neuschafer reviewed Petitioner's allegations of error and
injustice on 22 August 2001 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

The Board, having reviewed all the facts of record

3.
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.

Petitioner's application to the Board was filed in a

timely manner.

C .

Petitioner reenlisted in the Navy on 19 September 1996

for six years as an ET3.
had completed more than three years of prior active service.

At the time of his reenlistment, he

During his prior enlistment, he received two letters of
commendation for his community service and was awarded the Good
Conduct Medal.

d.

On 1 October 1998 Petitioner was awarded the  

Navy-
Marine Corps Achievement Medal for his superior performance of
duties from November 1996 to October 1998 while serving as a
communication maintenance technician at the U. S. Naval Computer
and Telecommunication Station, Sicily.

e.

On 11 December 1998 Petitioner received nonjudicial
punishment (NJP) for a 30-day period of unauthorized absence
Punishment imposed
(UA) from 31 October to 1 December 1998.
consisted of a reduction in rate to ETSN (E-3), forfeitures of
and 30 days of restriction and
$150 per month for two months,
extra duty.

f.

On 14 December 1998 Petitioner was diagnosed with an
passive-

unspecified personality disorder with borderline and  
The examining psychologist opined that
aggressive traits.
Petitioner manifested a longstanding character and behavior
disorder which was of such severity as to render him unsuitable
for continued serve.
Further facts and circumstances surrounding Petitioner's
referral for a psychiatric evaluation are not shown in the
records provided for the Board's review.

Administrative separation was recommended.

g.

On 22 December 1998 Petitioner was notified that he was

being recommended for a general discharge by reason of
convenience of the government due to a diagnosed personality
disorder.
consult with legal counsel and waived his rights.

He was advised of his procedural rights, declined to

h.

On 8 January 1999 Petitioner was separated with a

general discharge due to the diagnosed personality disorder, and
was assigned an RE-4 reenlistment code.
processing documentation is not on file in the record.

The discharge

i.

Petitioner provides copies of Evaluation Reports from

March 1996 through June 1998 which show he was consistently
marked as "Meets Standards" (3.0) or  
The evaluation report submitted upon separation was not provided
by Petitioner and presumably was adverse, and no longer
recommended him for promotion or reenlistment.

"Above Standards" (4.0).

However, it

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appears that even if his separation evaluation report was
adverse, his final individual traits average would warrant a
fully honorable characterization of service.

j.

Individuals discharged for the convenience of the

government due to a diagnosed personality disorder receive the
type of discharge warranted by the service record.

k.

Regulations authorize the assignment of an RE-3G or

An RE-3G reenlistment code means an

RE-4 reenlistment code to an individual discharged by reason of
personality disorder.
individual is eligible for reenlistment except for the disquali-
fying factor which led to discharge.
recruiting officials if the individual can show that the per-
An RE-4
sonality disorder is erroneous or no longer exists.
reenlistment code means that an individual is ineligible for
reenlistment without prior approval from Commander, Navy
Personnel Command.

This code may be waived by

1.

On 12 January 2000, the Naval Discharge Review Board

denied Petitioner's request for an upgrade of his discharge.

CONCLUSION:

In this regard, the Board notes Petitioner had more

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
than three years of honorable service during his first
enlistment, more than two years of excellent service in his
current enlistment for which he was awarded the Navy Achievement
for.a 30-day period of UA.
Medal just prior to receiving NJP  
The Board notes that Petitioner could have been processed for
misconduct due to commission of a serious offense, but the
command apparently felt that discharge for diagnosed personality
disorder was more appropriate.
Petitioner's overall record,
was an aberration.
ation was not given his overall record, and he was issued a
general discharge and not recommended for reenlistment only
because of this single incident of misconduct.
discharged for a diagnosed personality disorder, the Board
believes he should have received the type of discharge warranted
by the service record,
restrictive 

It appears to the Board that due consider-

RE-4 reenlistment code were unduly harsh.

and a general discharge and the most

The Board believes that given

this single incident of misconduct

Since he was

However,

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absent medical evidence that the diagnosis of personality
disorder was erroneous,
separation was proper and no change is warranted.
the Board concludes that it would be appropriate and just to
recharacterize his general discharge to a fully honorable
discharge and change his reenlistment code to RE-3G.

the Board concludes that the reason for
Accordingly,

RECOMMENDATION:

a.

That Petitioner's naval record be corrected to show

that he was issued a honorable discharge by reason of per-
sonality disorder with an RE-3G reenlistment code on 8 January
1999, vice the general discharge and RE-4 reenlistment code now
of record.

b.

That no further relief be granted.

C .

That, upon request, the Department of Veterans Affairs

be informed that Petitioner's application was received by the
Board on 12 April 2001.

d.

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.

e .

That any material directed to be removed from

Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made a part of Petitioner's 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.  
Recorder

Z&MAN

Acting Recorder

Pursuant to the delegation of authority set out in Section 6

5.
(e) of the revised Procedures of the Board for Correction of

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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),
Board on behalf of the Secretary   of the Navy.

has been approved by the

i=m_ 

w. DEAN PFEIFFER
Executive Director

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