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NAVY | BCNR | CY2001 | 07261-01
Original file (07261-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   OC  2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No: 7261-01 
5 April 2002 

From: 
To : 

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

Sub j : 

REVIEW OF NAVAL OF RECORD 

Ref: 

(a) 10 U.S.C. 1552 
(b) SECNAVINST 1910.4B 

Encl : 

(1) DD Form 149 with attachments 
(2) Case Summary 
(3) Subject's naval record 

1.  Pursuant to the provisions of reference (a) , Petitioner, a 
former enlisted member of the United States Navy, filed enclosure 
(1) with this Board requesting that his reenlistment code be 
changed. 

2.  The Board, consisting of Mr. Brezna, Mr. Dunn, and Ms. Hare, 
reviewed Petitioner's allegations of error and injustice on 2 
April 2002 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 Navy on 12 October 1995 and 

served without disciplinary actions. 

d.  On 31 October 1995, after undergoing a medical 

examination, Petitioner was diagnosed with an adjustment disorder 
with depressed mood as evidenced by depressed feelings, 
difficulty adjusting, and suicidal ideation.  At that time 
Petitioner was recommended for separation. 

e.  Subsequently, Petitioner was notified of proposed action 

for an administrative separation for the convenience of the 
government due to the diagnosed adjustment disorder.  On 2 
November 1995 Petitioner's commanding officer directed 
separation. 

f.  On 7 November 1995 Petitioner was separated with an 

uncharacterized entry level separation by reason of convenience 
of the government due to a personality disorder.  At this same 
time, Petitioner was assigned an RE-4  reenlistment code. 

g.  Separation by reason of a diagnosed personality disorder 

is proper only if a personality disorder, as defined by the 
Diagnostic and Statistical Manual  (DSM) is diagnosed.  A 
situational adjustment reaction, according to the DSM, is not a 
personality disorder.  Further, reference (b) does not 
specifically authorize separation by reason of an adjustment 
disorder. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the 
Board concludes that Petitioner's request warrants partial 
favorable action. 

The Board notes that Petitioner, although diagnosed with an 
adjustment disorder, was erroneously separated by reason of a 
personality disorder, and concludes that the reason for 
separation should be changed to best interest of the service. 
This reason for separation is appropriate when discharge is 
appropriate, but the individual's situation is not covered by any 
other reason for separation.  However, the Board also notes that 
Petitioner's RE-4  reenlistment code was appropriate given his 
diagnosed adjustment disorder, and concludes that the 
reenlistment code should not be changed. 

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 

on 7 November 1995, he was separated by reason of best interest 
of the service (secretarial authority) vice the discharge by 
reason of convenience of the government due to personality 
disorder actually issued on that date. 

b.  That no further relief be granted. 

c.  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. 

d.  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 
reference being made a part of Petitioner's naval record. 

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 
Recorder 

E .  GOLDSMITH  ' 

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 Regulation, 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. 

-%&A'=.  r=---J- 

F a  W. DEAN PFEIFFER 

Executive Director 



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