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
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