DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No. 4473-01
19 October 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF
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, in effect, that his reenlistment code be changed.
The Board, consisting of Messrs. Swarens,
2.
McCulloch reviewed Petitioner's allegations of error and
injustice on 17 October 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.
Leeman, and
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
regulations within the Department
under existing law and
of the Navy.
b.
Petitioner's application
timely manner.
to the Board was filed in a
C .
Petitioner enlisted in the Navy on 8 November 1999 for
The record reflects that on 24 November
four years at age 19.
1999 he was referred to the recruit mental health unit for
evaluation.
had been in counseling for family issues and a breakup with his
Petitioner reported that prior to enlistment, he
He claimed that he was diagnosed as being manic
The examining psychologist stated that Petitioner
girlfriend.
depressive, but consultation with the civilian provider
indicated an adjustment problem with a possible affective
disorder.
manifested a variety of maladaptive personality traits, features
and characteristics which indicated poor adaptation to military
life.
behavioral acting out and would be a cause for concern due to
his poor coping skills.
unspecified personality disorder with narcissistic,
typal and borderline features.
recommended.
He opined that Petitioner would likely be a risk for
Petitioner was diagnosed with an
Entry level separation was
schizo-
d.
On 30 November 1999 Petitioner was notified that
administrative separation processing was being initiated by
reason of convenience of the government due to a diagnosed
personality disorder.
He was advised of his procedural rights,
declined to consult with legal counsel or submit a statement in
his behalf, and waived the right to have his case reviewed by
the general court-martial convening authority.
discharge authority directed an uncharacterized entry level
separation by reason of erroneous enlistment.
discharged on 7 December 1999 and assigned an
code.
RE-4 reenlistment
Thereafter, the
Petitioner was so
e.
Regulations authorize the assignment
of an RE-3E or an
RE-4 reenlistment code to individuals separated by reason of
erroneous entry.
An RE-3E reenlistment code means that the
individual is eligible for reenlistment except for the
disqualifying factor which led to the discharge.
be waived by recruiting officials if they can be convinced that
the diagnosis was erroneous or the problem no longer exists. An
RE-4 reenlistment code means that the individual is ineligible
for reenlistment without prior approval from Commander, Navy
Personnel Command.
This code may
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 Petitioner's youth and
immaturity and that he had no performance or discipline problems
during his short period of service.
that he posed a risk for harm to himself or others, the Board
believes that the most restrictive RE-4 reenlistment code is
unduly harsh and he should not be restricted from further
Since there was no evidence
2
service if the effects of the personality disorder which led to
his separation have abated, or the disorder no longer exists.
According, the Board concludes that it would be appropriate and
just to change the reenlistment code to RE-3E.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code, assigned on 7 December 1999, to
RE-3E.
That a copy of the Report of Proceedings be filed in
Petitioner's naval record.
b.
4.
It is certified that a quorum was present at the
Board's review and deliberations,
true and complete record of the Board's proceedings in the above
entitled matter.
and that the foregoing is a
ROBERT D. ZSALMAN
Recorder
ALAN E.
Acting Recorder
G&SMITH
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
-W. DEAN PFEIFFER
Executive Director
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