DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No:
17 September
6186-01
2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl :
FORMER
REVIEW OF NAVAL RECORD
3
(a) 10 U.S.C. 1552
(1) DD Form 149
(2) 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 his service was characterized as honorable, and that he was retired vice discharged
by reason of misconduct.
. .
2. The Board, consisting of Messrs. Pfeiffer, Shy and Zsalman reviewed Petitioner’s
allegations of error and injustice on 25 April 2002 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. Enclosure (1) was filed in a timely manner.
C.
Petitioner reenlisted in the Navy on 29 January 1987, with 7 years, 4 months and 18
days prior active duty service. He was promoted to grade E-7 effective 16 July 1991. He
was diagnosed as suffering from major depression in 1992, and returned to full duty
following a period of evaluation and treatment. He reenlisted on 20 May 1994 for a term of
5 years. During August 1996, after his return from an unauthorized absence of about 2
months duration, he was diagnosed as suffering from post traumatic stress disorder and a
dissociative disorder. He
vessel, and other offenses, but the charges were withdrawn without prejudice following the
completion of a Rule for Courts-Martial 706 board, which determined that he had diminished
was charged with unauthorized absence, missing the movement of a
capacity due to his dissociative disorder. He was evaluated by a medical board on 6
September 1996, and placed on limited duty for a period of eight months, with diagnoses of
dissociative disorder and post traumatic stress disorder. He was hospitalized on 29 January
1997 after he became despondent and attempted to commit suicide by cutting one of his
wrists. On 4 February 1997, a second medical board referred him to the Physical Evaluation
Board (PEB), which determined that he was tit for duty; thereafter, the previously
withdrawn charges were re-initiated. He was hospitalized on 8 August 1997 after expressing
suicidal ideation. He was released on 10 August 1997 with a diagnosis of depressive
disorder, not otherwise specified. On 19 August 1997, he attempted suicide by attempting to
shoot himself with a gun, which misfired. On 25 August 1997, a medical board gave him
diagnoses of depressive disorder and dissociative disorder, not otherwise specified, and
recommended that he be reevaluated by the PEB. The medical board noted that his periods
of depressed mood, although brief, were severe in nature, and accompanied by suicidal
ideation and two suicide attempts.
It also noted that he had experienced two periods of
dissociation, the first prior to an unauthorized absence, and the second during a suicide
attempt. Petitioner was returned to full duty during August 1997, after being found fit for
duty by the PEB, and he was returned to full duty.
d. Petitioner appeared before an administrative discharge board on 24 March 1998.
The board found that he had committed misconduct by being absent without authority,
missing the movement of a vessel, and writing bad check, and recommended that he be
discharged under honorable conditions. by reason of misconduct, commission of a serious
offense. The recommendation of the board was approved, and Petitioner was discharged
from the Navy under honorable conditions on 7 August 1998. He completed a total of 18
years and 11 months of active duty service. On 4 May 2000, the Department of Veterans
Affairs (VA) awarded him service connection and a 10% rating for major depression,
dissociative disorder and post traumatic stress disorder.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that
Petitioner ’s misconduct was significantly extenuated and mitigated by the effects of the mental
disorders which afflicted him during the latter portion of his 19 year career in the Navy.
Accordingly, it concludes that it would be in the interest of justice to correct his record to
show that he was transferred to the Fleet Reserve pursuant to the Temporary Early
Retirement Authority, with an honorable characterization of service, vice discharged by
reason of misconduct with a general discharge.
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that he was not discharged from
the Navy by reason of misconduct on 7 August 1998.
b. That Petitioner ’s naval record be further corrected to show that he was honorably
released from active duty on 31 August 1998, and transferred to the Fleet Reserve on 1
September 1998, pursuant to the Temporary
Eary Retirement Authority.
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
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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