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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