DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 6321-01
29 January 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD 0
Ref:
Encl:
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy,
requesting, in effect, that his reenlistment code be changed.
applied to this Board
The Board, consisting of Ms. Davies and Messrs. Chapman and
2.
McCulloch, reviewed Petitioner's allegations of error and
injustice on 24 January 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Documentary material
The Board, having reviewed all the facts of record
3.
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 Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
four years at age 17.
Petitioner enlisted in the Navy on 8 February 1993 for
On the second day of his enlistment, he
1
*.
was referred to the mental health unit after he complained
during the screening process that he "felt like crap being
there" and enlisted mainly to please his father.
mental status examination,
depressed affect.
concentration, feelings of helplessness, low energy, and crying
spells.
others, but he did not wish to continue training.
was diagnosed as having an adjustment disorder with depressed
mood and immature traits.
recommended.
his mood was described as sad with a
He reported poor sleep and appetite, impaired
He was considered a low risk for harm to himself or
Administrative separation was
During the
Petitioner
d.
On 10 February 1993 Petitioner was notified that
administrative separation was being initiated by reason of a
diagnosed adjustment disorder.
rights and waived those rights.
discharge.
He was advised of his procedural
He did not object to the
e.
On 12 February 1993,
the discharge authority directed
an uncharacterized entry level separation by reason of erroneous
enlistment as evidenced by a diagnosed adjustment disorder.
Petitioner was so discharged on 17 February 1993 and assigned an
RE-4 reenlistment code.
f.
Regulations authorize the assignment of an RE-3E or an
RE-4 reenlistment code to individuals separated by reason of
An RE-3E reenlistment code means that the
erroneous entry.
individual is eligible for reenlistment except for the
disqualifying factor which led to the discharge.
be waived by recruiting officials if they are convinced that the
diagnosis was erroneous or the problem no longer exists. An
RE-4 reenlistment code means the individual is ineligible for
reenlistment without prior approval from Commander, Navy
Personnel Command.
This code may
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, The Board notes Petitioner had no
performance or discipline problems during his short period of
service.
or other, the Board believes that the assignment of the most
restrictive RE-4 reenlistment code was unduly harsh and he
should not be restricted from further service if the adjustment
Since he was considered a low risk for harm to himself
2
disorder which led to his separation no longer exists.
Accordingly, the Board concludes that it would be appropriate
and just to change the reenlistment code to RE-3E.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code,
3E.
assigned on 17 February 1993, to
RE-
b.
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.
C .
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
references being made a part of Petitioner's naval record.
It is certified that a quorum was present at the Board's
4.
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
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
Executive Dir
3
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