DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 5440-00
15 October 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a)
10
U.S.C. 1552
Encl:
(1)
(2)
DD Form 149
Subject’s naval record
1.
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to
show that he was discharged under honorable conditions by reason of physical disability, and
that the indebtedness he incurred as a result of his discharge, for repayment of his selective
reenlistment bonus, be excused.
2. The Board, consisting of Messrs. Adams, Pfeiffer and Zsalman, reviewed Petitioner
allegations of error and injustice on 20 September 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.
’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice finds as follows:
’s allegations
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 Navy on 28 December 1992. He received nonjudicial
punishment on 9 January 1997 for drunk driving.
reduction to grade E-3, restriction and extra duties for thirty days, and forfeiture of $300.00
per month for two months. He was absent without authority from 27 April to 17 August
1998. In a letter dated 31 August 1998, the Commander, Naval Medical Center,
Portsmouth, advised Petitioner ’s commanding officer, in effect, that Petitioner was unsuitable
for military service because of a severe personality disorder, and that Petitioner was a
The punishment consisted of a suspended
continuing danger to himself and others. He noted that Petitioner ’s psychiatrist had
recommended that Petitioner be expeditiously administratively discharged from the Navy.
On 1 October 1998, Petitioner received nonjudicial punishment for the aforementioned
absence. The punishment included restriction and extra duties for 45 days. On 7 October
1998, while deployed on the USS Roosevelt (CVN
being processed for administrative separation for convenience of the government due to a
personality disorder; misconduct due to a pattern of misconduct; and misconduct due to the
commission of a serious offense. On 10 October 1998, Petitioner waived his rights to
consult with counsel and to appear before an administrative discharge board. The discharge
authority approved a discharge by reason of misconduct/pattern of misconduct, and directed
that Petitioner be discharged with a discharge under other than honorable conditions;
Petitioner was discharged in accordance with that directive on 5 November 1998.
71), Petitioner was advised that he was
CONCLUSION:
It notes that a personality disorder is not
Upon review and consideration of all the evidence of record, the Board concludes that
Petitioner failed to submit sufficient relevant evidence to demonstrate that his discharge by
reason of misconduct/pattern of misconduct was erroneous, or that he was unfit for duty by
reason of physical disability at that time.
considered to be a disability under the laws administered by the Department of the Navy.
addition, he would not have been eligible for disability evaluation processing even if he had
suffered from an unfitting condition, because misconduct separation processing takes
precedence over disability evaluations. Accordingly, there is no basis for changing the
reason and authority for his discharge, or recommending that he be excused from repaying
the unearned portion of his reenlistment bonus.
Notwithstanding the foregoing, the Board
concludes that the characterization of Petitioner ’s service with a discharge under other than
honorable conditions is unjust.
majority of his enlistment, and that the unauthorized absence with which led to the initiation
of discharge processing was significantly mitigated by his personality disorder and the related
psychological stress he was under at that time.
Accordingly, and after resolving reasonable
doubt in Petitioner ’s favor, the Board concludes that it would be in the interest of justice to
grant the following corrective action.
In this regard, it notes that he performed well during the
In
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he was discharged by reason
of misconduct/pattern of misconduct 5 November 1998 with a discharge under honorable
condition, vice the discharge under other than honorable conditions he actually received on
that date.
b. That so much of Petitioner application as exceeds the foregoing be denied.
C. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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
Recorder
/ Acting Recorder
c
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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.
b W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2009 | 13222-09
13222-09 16 February 2010 From: Chairman, Board for Correction of Naval Records TO? Although he had been given diagnoses of a personality disorder and alcohol abuse and recommended for administrative separation by reason of unsuitability, he was discharged by reason of misconduct (pattern of misconduct) on 9 March 1989, with a discharge under other than honorable conditions. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for...
NAVY | BCNR | CY2002 | 06796-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 JRE Docket No: 6796-01 10 May 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy J REVIEW OF NAVAL RECORD ______. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that in view of Petitioner ’s continuous need for psychotherapy and psychotropic medication at the time of his discharge, and that his symptoms were not...
NAVY | BCNR | CY2001 | 07368-01
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed an application with this Board requesting that his record be corrected to show reinstatement on active duty or a change in the reenlistment code. However, after reviewing the Navy's evaluation, the Board concludes that even if Petitioner did not have a personality disorder, his problems were sufficiently severe to warrant discharge. The Board notes that portion of the DVA evaluation...
NAVY | BCNR | CY2002 | 05871-01
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that separated or retired from the Marine Corps by reason of physical disability, and that his service be characterized as honorable, rather than under honorable conditions. In this regard, it notes that a personality disorder is not considered to be a disability under the laws administered by the...
NAVY | BCNR | CY2002 | 07296-00
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that naval record be corrected to show that he was retired by reason of physical disability, vice discharged by reason of misconduct. On 2 December 1996, he was advised by the Executive Secretary, Naval Discharge Review Board, that his request for upgrade of his discharge had been denied. That Petitioner ’s naval record be corrected to show...
NAVY | BCNR | CY2002 | 03925-00
3925-00 12 February 2002 From: To: Chairman, Secretary Board for Correction of Naval Records of the Navy Subj: REVIEW OF Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record Pursuant to the provisions of reference (a), Petitioner, 1. a former enlisted member of the Navy, applied to this Board requesting, in effect, that his naval record be corrected by upgrading the other than honorable discharge issued on 5 November 1990. The DVA noted...
NAVY | BCNR | CY2001 | 02968-01
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 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...
NAVY | BCNR | CY2006 | 06099-06
Pursuant to the provisions of reference (a) , Petitioner, a former member of the Navy, filed an application with this Board requesting that the reason for his discharge and reenlistment code be changed. Since the error resulted in recoupment of the unearned portion of his reenlistment bonus, Petitioner’s record should be corrected, where appropriate to show that he is entitled to keep the SRB payments he received before his discharge on 31 December 2003.The Board further concludes that this...
NAVY | BCNR | CY2010 | 11937-10
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the other than honorable (OTH) characterization of his discharge of 24 January 1991 be changed to general. 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 he was discharged with a general under...
NAVY | BCNR | CY2006 | 10687-06
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he is entitled to separation pay, was retired by reason of physical disability, and is not required to repay the unearned portion of his selective reenlistment bonus. On 21 December 2005, Petitioner was advised that he could be subject to administrative separation action unless he...