DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 2191-05
19 October 2005
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: (a) Title 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, filed enclosure (1) with this
Board requesting, in effect, that his naval record be corrected to
show a more favorable type of discharge than the general discharge
issued on 24 August 2001. Additionally, he requests a. change in the
RE-4 reenlistment code.
2. The Board, consisting of Messrs, and reviewed Petitioner’s
allegations of error a on 21 September 2005 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 it appears that 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 25 July 2000. During
his enlistment, he had no disciplinary actions.
d. The record does not contain the psychiatric evaluation
that was the basis for Petitioner’s discharge.
e. Petitioner received three enlisted performance
evaluations in which he attained an average mark of 2.9 in individual trait
average. On 24 August 2001 he received a general discharge by reason of a
diagnosed personality disorder. At that time, Petitioner was assigned a
reenlistment code of
RE-4.
f. Character of service is based, in part, on the average of the
individual trait averages on all enlisted performance evaluations. Taking
the three evaluations into account, Petitioner’s individual trait average
was 2.9. The minimum average required for a fully honorable
characterization of service at the time of Petitioner’s separation was 2.0.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board
concludes that Petitioner’s request warrants partial relief. In this
regard, the Board concludes that his general discharge should be
recharacterized to honorable based on the member’s individual trait average
and the fact that he served without disciplinary incident.
Petitioner has also requested that his reenlistment code be changed.
However, the Board notes that the RE-4 reenlistment code is authorized by
regulatory guidance for individuals discharged due to diagnosed personality
disorders. The Board thus concludes that there is no error or injustice in
his reenlistment code. Therefore, the Board concludes that Petitioner’s
request for a change in his reenlistment code be denied.
RECOD4~4ENDAT ION:
a. That Petitioner’s naval record be corrected to show that he was issued
an honorable discharge by reason of a personality disorder on 24 August
2001 vice the general discharge actually issued on that date.
b. That no further relief be granted.
c. That this Report of Proceedings be filed in Petitioner’s naval record.
d. That, upon request, the Veterans Administration be informed
that Petitioner’s application was received by the Board on 21
March 2005.
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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. DEAN PFEIFFER
Executive Director
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