DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 2327-02
25 April 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 0 - --
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1
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Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 wlattachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting, in effect, that his naval record be corrected
to show a more favorable type of discharge than the discharge
under other than honorable conditions issued on 5 July 2000.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Morgan, reviewed Petitionerfs allegations of error and injustice
on 19 March 2003 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 Petitionerfs 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.
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b. Enclosure (1) was filed in a timely manneh.
c. Petitioner enlisted in the Navy on 24 June 1999. He then
served without incident for about five months, hen he began
having psychological problems, which resulted i a psychiatric
evaluation on 27 November 1999.
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d. On 27 November 1999 Petitioner was diagnohed with an
adjustiment disorder. He stated that shipmates were calling him
derogatory names. He also stated he would do anything, including
killing himself, to get out of the Navy. His thoughts included
jumping overboard or hanging himself if he didn't get off the
ship.
e. Subsequently, Petitioner received two nonjudicial
punishments. The offenses included disrespect, dereliction of
duty, disorderly conduct on two occasions, five instances of
disobedience, and use of provoking speeches and gestures.
Although the record does not contain the separation processing
documents, it is clear from the record that on 5 July 2000
Petitioner received an other than honorable discharge by reason
of misconduct due to commission of a serious offense.
f. With his application, Petitioner submits a post-service
psychiatric evaluation in which he is diagnosed with
schisophrenia.
g. In an advisory opinion, the Specialty Advisor to the
Surgeon General for Psychiatry concludes with reasonable medical
certainly that Petitioner's behavior that led to his discharge
can readily be explained as prodromal signs and symptoms of
schizophrenia.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. Given the advisory's opinion conclusion that
Petitioner's symtoms of schizophrenia was partial mitigation for
his misconduct, the Board does not believe his misconduct
warranted the severe characterization that he received. Based on
the foregoing, the Board concludes that the discharge should be
recharacterized 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 issued a general discharge by reason of misconduct on 5 July
2000 vice the other than honorable discharge issued on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 17
December 2001.
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
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 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.
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