DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 7702-00
21 August 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
FORMER
REVIEW
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 retired by reason of physical disability, with an honorable characterization
of service.
2. The Board, consisting of Messrs. Bishop, Morgan and Shy, reviewed Petitioner’s
allegations of error and injustice on 9 August 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.
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. Although enclosure (1) was not filed in a timely manner, the Board finds it to be in
the interest of justice to waive the statute of limitations and consider the application on the
merits.
C.
Petitioner reenlisted in the Navy on 15 December 1988, with 9 years, 6 months and
7 days of prior active service. On 6 October 1990, he was diagnosed by a Navy psychiatrist
as suffering from major depression, resolved, and it was recommended that he be returned to
full duty. On 12 October 1990, a Navy nurse evaluated Petitioner, and gave him a diagnosis
of major depression, with suicidal ideation, and recommended that he be hospitalized at a
civilian facility. She deferred making a diagnosis on Axis II, personality disorders.
disorders. Petitioner was hospitalized at a Department.of Veterans Affairs (VA) hospital
from 18 to 23 October 1990, and upon discharge was given diagnoses of adjustment disorder
with depressed mood, and personality disorder, not otherwise specified. On 23 October
1990, a Navy psychologist determined that Petitioner suffered from a severe, longstanding
personality disorder, not otherwise specified, and recommended that he be considered for
On 2 November 1990, Petitioner was
administrative separation because of that disorder.
advised of his rights in connection with his proposed discharge. He waived all rights other
than to receive copies of documents to be forwarded to the discharge authority. He did not
object to the separation, but requested an honorable discharge. He noted that he had 11
years of service, with good performance, and no nonjudicial punishments, unauthorized
absences, missed movements, or driving under the influence charges. He was discharged
under honorable conditions on 12 November 1990, by reason of Other Physical/Mental
Condition-Personality Disorder. He received marks of 4 .O, 3.8 and 1 .O in military behavior
during that enlistment, for an average of 2.93. He did-not qualify for an honorable
discharge, which required a minimum final average of 3.0 in behavior. He apparently
sought psychiatric help in 1994, and was awarded a VA rating for major depression of 50%
from 30 September 1994, and 100% from 1 August 1995.
CONCLUSION:
In this regard, it notes that diagnoses of major depression and personality
Upon review and consideration of all the evidence of record, the Board finds the available
evidence insufficient to demonstrate that Petitioner was unfit for duty because of major
depression at the time of his discharge, or that the diagnosis of a personality disorder was
erroneous.
disorder are not mutually exclusive, and that an individual may suffer from both conditions
simultaneously.
discharge, but that his personality disorder persisted, and rendered him unsuitable for further
service. The recurrence and/or increase in severity of his depressive disorder which
occurred in the years following his discharge is a matter under the purview of the VA, rather
than the Department of the Navy.
It appears that Petitioner ’s acute depression had resolved prior to his
In addition to the foregoing, the Board concludes that the mark of 1.0 Petitioner received in
personnel behavior during the final evaluation period prior to his discharge was unduly harsh
and unwarranted, and that it would be in the interest of justice to correct his record to show
that he received an honorable discharge.
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that he was honorably
discharged from the Navy on 12 November 1990.
b. That the remainder of his request for correction of his record 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.
Recorder
ZSALMAN
to the delegation of authority set out in Section 6(e) of the revised Procedures
5. Pursuant
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.
Executive
Direct0
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