Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 03928-02
Original file (03928-02.doc) Auto-classification: Approved

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100
            CRS
            Docket No: 3928-02
            27 February 2003



   From:    Chairman, Board for Correction of Naval Records
   To:      Secretary of the Navy

   Subj:    REVIEW F NAVAL RECORD OF
      Ref:        (a)         10  U.S.C. 1552
          (b)     SECNAVINST 1910.4B

   End:     (1) DD Form 149 w/attachments
          (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
   by changing the RE-4 reenlistment code assigned on 19 September
   1995.

   2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Geisler,
   reviewed Petitioner’s allegations of error and injustice on 12 February
   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
   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 it appears that enclosure (1) was not filed in timely
   manner, it is in the interest of justice to waive the statute of
   limitations and review the application on its merits.

       c.   Petitioner enlisted in the Navy on 27 July 1995.

       d.   On 5 September 1995 a psychiatric evaluation diagnosed
   Petitioner with an adjustment disorder and noted that he had suicidal
   thoughts.

       e.   On 19 September 1995 he received an entry level separation
by reason of personality disorder. At that time, he was assigned a
reenlistment code of RE—4.













   f. Reference (b) states that a personality disorder, as defined in the
Diagnostic and Statistical Manual (DSM-IV), must be diagnosed in order to
support a separation by reason of personality disorder. The DSM IV does not
list an adjustment disorder as a personality disorder.

   g. Applicable directives authorize the assignment of an RE-4 reenlistment
code to an individual who has failed to complete recruit training due to
performance and conduct.

   h. Reference (b) states that an individual may be separated by reason of
best interest of the service if separation is appropriate but no other
reason set forth in the reference covers the situation at hand. Individuals
separated for this reason may receive a reenlistment code of RE—Ri, RE—i,
or RE—4.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner’s request warrants partial relief. The Board
notes that Petitioner’s record contains no evidence that he was diagnosed
with a personality disorder, but only an adjustment disorder. Therefore,
based on the foregoing the Board concludes that the reason should be
changed to “best interest of the service”, a non—stigmatizing reason for
separation which is assigned when no other reason is appropriate. In this

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 he received an
entry level separation by reason of best interest of the service on 19
September 1995.

   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.

                                      2




                              NO SIGNATURE PAGE

Similar Decisions

  • 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. 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...

  • NAVY | BCNR | CY1999 | 07576-98

    Original file (07576-98.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by changing the RE-4 reenlistment code assigned on 8 April 1998. Accordingly, the Board concludes that the reason should be changed to reason for separation which is assigned when no other reason is appropriate. That Petitioner's naval record be corrected to show he received an entry level...

  • NAVY | BCNR | CY2009 | 06570-09

    Original file (06570-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 6570-09 2 June 2010 From: Chairman, Board for Correction of Naval Records To Secretary of the Navy Subj REVIEW NAVAL RECORD OF Ref (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed. Further, reference (b) does not specifically authorize...

  • NAVY | BCNR | CY1999 | 03228-98

    Original file (03228-98.pdf) Auto-classification: Approved

    1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Navy filed enclosure (1) with this Board requesting that his reenlistment code be changed. In this regard, the Board notes Petitioner's inpatient treatment, the diagnosed conduct and adjustment disorders prior to and during his enlistment and his documented inability to adapt to...

  • NAVY | BCNR | CY2009 | 08843-09

    Original file (08843-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former lance corporal of the Marine Corps Reserve, filed enclosure (1) with this Board requesting the narrative reason (“Personality Disorder”), JFX1 separation code, and RE-4 reenlistment code be changed. His case was forwarded to the separation authority, and on 4 August 2005, he received a general discharge and was assigned an RE-4 reenlistment code due to a “Personality Disorder”. The Board finds an impropriety in his...

  • NAVY | BCNR | CY2006 | 02864-06

    Original file (02864-06.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100TJRDocket No: 2864-06 17 October 2006From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL OF RECORDSRef: (a) 10 U.S.C. Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.2 The Board, consisting of Messrs and reviewed...

  • NAVY | BCNR | CY2006 | 07383-06

    Original file (07383-06.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting her naval record be corrected by changing the reentry code she was assigned on 27 October 2003. CONCLUSION: Upon review and consideration of all the evidence of record the Board concludes that Petitioner's request warrants partial relief. Given Petitioner’s adjustment problem and suicide attempt, the Board concludes that her present reentry code is not erroneous or unjust.

  • NAVY | BCNR | CY2007 | 03923-07

    Original file (03923-07.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting his naval record be corrected by changing the reason for discharge and the reentry code he was assigned on 14 January 2002. The Board, consisting of Ms. mp yr. Pend Mr. ie reviewed Petitioner's allegations of error and injustice on 30 _ July 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Given...

  • NAVY | BCNR | CY2001 | 08335-01

    Original file (08335-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to this Board requesting, in effect, changes in his reason for separation and reenlistment code. In support of that request, he submitted the 1999 psychological assessment. However, in 1995, while in the navy, Petitioner's records do support the in-service diagnosis of personality disorder for the reasons noted above.

  • NAVY | BCNR | CY2012 | 04319-12

    Original file (04319-12.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7015. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SUN Docket No: 04319-12 20 March 2013 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj]: REVIEW NAVAL RECORD OF