2 N A V Y A N N E X
WASHINGTON DC 20370-5100
BOARD FOR CORRECTION OF NAVAL RECORDS
DEPARTMENT OF THE NfVY
Subj : REVIEW OF NAVAL RECORD OF 0 - Ref: (a) 10 U.S.C. 1552
From: Chairman, Board for Correction of Naval Records
To :
TJR
Docket No: 9100-02
15 August 2003
Secretary of the Navy
Encl: (1) DD Form 149 with 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 that his reenlistment code be changed.
The Board, consisting of Messrs.
2 reviewed Petitioner's allegations o
injustice on 12 August 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.
it is in the interest of jus d o waive the statute of limitations
b. Although enclosure (1 was not filed in a timely manner,
and review the application on its merits.
c. Petitioner enlisted in the Navy on 25 January 1993 at
age 17 and served without disciplinary incident.
I
d. During the period from July to August 1993, Petitioner
was observed, on three different occasions, sleepwalking.
e. On 20 September 1993, following a psychiatric
examination, Petitioner was diagnosed as having a sleepwalking
disorder, specifically, somnambulism. The psychiatrist stated
that this condition existed prior to Petitioner's enlistment. At
that time Petitioner was also found to be unfit for continued
service and was recommended for an administrative separation.
f. On 3 November 1993 Petitioner was notified that
administrative separation action had been initiated by reason of
convenience of the government due to a diagnosed personality
disorder as evidenced by somnambulism/sleepwalking. On 4
November 1993 Petitioner's commanding officer recommendation
separation by reason of convenience of the government. This
recommendation further stated as follows:
Recommend administrative separation by reason of convenience
of the government due to the diagnosed personality disorder
as evidenced by Member's sleepwalking. Member not fit for
continued service .... (condition is) considered to present a
continuing risk of harm to himself .... (sleepwalking)
problem has been one of a personality disorder, not
misconduct.
g. Subsequently, the discharge authority directed an
honorable discharge by reason of convenience of the government
due to the somnambulism. However, on 10 November 1993,
Petitioner was honorably separated by reason of convenience of
the government due to a personality disorder and assigned an RE-4
reenlistment code.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that Petitioner was incorrectly processed for
separation by reason of a personality disorder when, in fact, he
was diagnosed as having a sleepwalking disorder, specifically,
somnambulism. Because of this error, the narrative reason for
separation of "personality disordern was incorrectly entered on
Petitioner's Certificate of Release from Active Duty or Discharge
(DD Form 214). Since Petitioner should have been processed as a
result of the diagnosed sleepwalking disorder, the DD Form 214
should be corrected to reflect that he received an honorable
discharge by reason of convenience of the government with a
narrative reason for separation "condition not a disability,"
specifically the diagnosed somnambulism.
The Board also notes that an RE-4 reenlistment code is authorized
by regulatory guidance for an individual who is separated due to
somnambulism, but concludes that Petitioner's overall
satisfactory record was sufficient to support the assignment of
an RE-3G reenlistment code, which is also authorized by
regulatory guidance. A n RE-3G reenlistment code may be assigned
when an individual is separated due to other physical/mental
condition such as somnambulism which is not a disability but
interferes with the individual's performance of duty.
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 that
he was discharged on 10 November 1993 with a narrative reason for
separation of "condition not a disabilityn vice the "personality
disorder."
b. That the record be further corrected to show that on 10
November 1993 he was assigned an RE-3G reenlistment code vice the
RE-4 reenlistment code assigned on that same date.
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 purposes, with no cross
referenr.-c>? Bwing mads a part of Petitioner's naval record.
4. 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
Acting 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 Regulation, 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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