DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
I
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Document No: 10126-
02
28 April 2003
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: EVIEW OF NAVAL RECORD OF
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Ref: (a) 10 U.S.C. 1552
End: (1) DD Form 149 w/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, applied to this Board
requesting that his reenlistment code be changed.
2. The Board, consisting of Mr. Pfeiffer, Mr. Novello, and Ms.
Nofziger reviewed Petitioner’s allegations of error and injustice
on 23 April 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.
b. Although Petitioner’s application 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. Petitioner enlisted in the Navy on 19 August
1991 at the age of 19 in pay grade E-1. He served on active duty
for a period of ten months and twenty-eight days. During this
period, Petitioner was not the subject of any disciplinary action.
He was discharged after being diagnosed with a severe personality
disorder and an adjustment disorder. The examining psychiatrist
concluded that his retention would pose a risk for self-harm. On 27
July 1992, he was issued a general discharge and assigned a
reenlistment code of RE-4.
d. Character of service is often based, in part, on conduct and
overall trait averages which are computed from marks assigned during
periodic evaluations. Petitioner’s conduct and overall trait averages were
3.25 and 3.2 respectively at the time of his discharge. Averages of 3.0 and
2.8 were required at the time of Petitioner’s service for a fully honorable
characterization of service.
e. Because Petitioner was diagnosed with a personality disorder,
applicable regulations authorized the assignment of an RE-3G or RE-4
reenlistment code. The RE-3G code means a servicemember is recommended for
and eligible for reenlistment except for the disqualifying factor of the
personality disorder. An RE-4 means the individual is not recommended for
reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board now
finds the existence of an injustice warranting corrective action. The
Board’s findings are based on Petitioner’s final satisfactory overall trait
averages, and particularly the lack of any disciplinary record.
Accordingly, the Board concludes that relief in the form of
recharcterization of his discharge from general to honorable is
appropriate. However, given the severity of his personality disorder and
adjustment disorder, the Board concludes that the RE-4 reenlistment code
should not be changed.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 16
July 1992 Petitioner was assigned an honorable discharge instead of the
general discharge actually assigned on that date.
b. That no further relief be granted.
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 reference being made 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 ALAN E. GOLDSMITH
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 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. IF
Executive Dir~t~\~
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