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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
10 May 2002
5871-01
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
FORMER
REVIEW OF NAVAL RECORD
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 separated or retired from the Marine Corps by reason of physical disability, and
that his service be characterized as honorable, rather than under honorable conditions.
2. The Board, consisting of Messrs. Harrison, Shy and
allegations of error and injustice on
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.
25 April 2002 and, pursuant to its regulations,
Zsalman, reviewed Petitioner ’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice finds as follows:
’s allegations
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 Marine Corps on 14 October 1998. He was hospitalized
from 16 October to 6 November 2000 secondary to a suicide attempt by overdosing on
Initially, he was diagnosed as suffering from major
multiple prescribed medications.
depression with psychotic symptoms (axis I) and a personality
release from that period of hospitalization, he was given no diagnosis on axis I, and of a
personality disorder not otherwise specified, on axis II.
Corps on 6 December 2000, by reason of the personality disorder. He was separated with a
He was discharged from the Marine
disorde? (axis II), but upon his
discharge under honorable conditions, as directed by the discharge authority. The averages
He did not receive
of his proficiency and conduct marks were 4.6 and 4.5, respectively.
nonjudicial punishment during his enlistment, and had no convictions by court-martial.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that the
available records are insufficient to demonstrate that Petitioner was unfit for further service
by reason of physical disability. In this regard, it notes that a personality disorder is not
considered to be a disability under the laws administered by the Department of the Navy, and
that he has not demonstrated that he was suffering from a major mental disorder at the time
of his discharge.
conditions was within the authority of the discharge authority. It finds, however, that in
view of his excellent proficiency and conduct marks, and the absence of any acts of
misconduct, apart from his suicide attempt, which was undoubtedly related to the effects of
his personality disorder, it would be in the interest of justice to upgrade is discharge to
honorable.
It also concludes that the characterization of his service as under honorable
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he was discharged from the
Marine Corps on 6 December 2000 with an honorable discharge.
b. That so much of Petitioner ’s request for correction of his naval record as exceeds
the foregoing 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. ZSALMAN
Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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.
- W. DEAN PFEIFFER
Executive Director
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE: jdh
Docket No. 05871-0
10 May 2002
1
Dea r
This is in reference to your application for correction of your
naval
the United States Code, section 1552
record submitted pursuant to the provisions of title 10 o
.
f
a copy of which is enclosed.
The final decision in your case is set forth in the Board's
report of proceedings,
approved changes to your naval record will be made by the
Commandant of the Marine Corps
After CMC makes these
& Accounting Service (DFAS) will
changes,
review your record and make payment of any money that you may be
entitled to.
of computation should be directed to DFAS-POCC/DE, 6760 E
Irvington Place,
you should
immediately notify DFAS of any change in your mailing address.
Questions concerning money paid and//or the manner
the Defense Finance
Denver CO 80279-7000.
Also,
(CMC).
The
With regard to the portion of your application that was denied
you are entitled to reconsideration only upon the submission of
new and material evidence or other matter not previously
Iconsidered by the Board.
Sincerely,
JAMES R. EXNICIOS
Head,
Disability Section
Enclosure
copy to:
DFAS-POCC/DE
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