DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 4930-01
19 November 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting that his reenlistment code be changed.
The Board, consisting of Messrs. Milner, Harrison, and Shy
2.
reviewed Petitioner's allegations of error and injustice on
15 November 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 enlisted in the Navy on 30 October 1997 for
The record reflects that he was advanced
four years at age 20.
to CTOSA (E-2) and served without incident until 2 November
1998, when he was counseled regarding multiple unauthorized
absences and failure to obey rules and regulations. On
10 November 1998 he requested a psychiatric evaluation. He
complained that his mental health had deteriorated since
enlisting, he enlisted only to keep his marriage intact, and he
was planning to divorce his wife.
psychiatric evaluation on 17 November 1998 and was diagnosed
with an unspecified personality disorder with passive
aggressive, dependent and borderline features.
concluded that he posed a negligible risk for harm to himself or
others, but that interpersonal occupational problems made
retention inadvisable.
Petitioner underwent a
The psychiatrist
d.
On 23 November 1998 Petitioner was notified that
administrative separation action 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 own behalf,
and waived the right to have his case reviewed by the general
court-martial convening authority.
1998 the
discharge authority directed a general discharge.
Petitioner
was so discharged on 25 November 1998 and assigned
an RE-4
reenlistment code.
Petitioner had no disciplinary
actions
during his period of service.
On 24 November
e.
Regulations authorize the assignment of an RE-3G or
RE-
4 reenlistment code to individual discharged by reason of a
diagnosed personality disorder.
An RE-3G reenlistment code
means that the individual is eligible for reenlistment except
for the disqualifying factor of a personality disorder.
This
code may be waived by recruiting officials if an individual can
show that the diagnosis of a personality disorder is erroneous
or no longer exists.
An RE-4 reenlistment code means that an
individual is ineligible to reenlistment without prior approval
of the Commander, Navy Personnel Command.
f.
The Board did not consider Petitioner's character-
ization of service since he has not exhausted his administrative
remedies by first applying to the Naval Discharge Review Board.
g.
Petitioner provides documentation that he has been
employed for the past two years and is pursuing a college
degree.
2
CONCLUSION:
Upon review and consideration of all the evidence of record,
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes that during his 13
months of service Petitioner completed CT
advanced to CTOSA, and had no disciplinary actions.
evidence to the contrary,
the most restrictive RE-4 reenlistment code was unduly harsh.
The Board concluded that it would be appropriate and just to
change his reenlistment code to RE-3G.
the Board believes the assignment of
"A" school, was
Absent
the
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
assigned on 25 November 1998, to
the RE-4 reenlistment code,
RE-3G.
b.
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.
C .
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
ZSALMAN
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(e) of the revised Procedures of the Board for
Naval Records (32 Code of Federal Regulations,
Correction of
Section 723.6
3
(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
Executive
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