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NAVY | BCNR | CY2002 | 09100-02
Original file (09100-02.pdf) Auto-classification: Approved
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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