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NAVY | BCNR | CY2005 | 07537-05
Original file (07537-05.rtf) Auto-classification: Approved

                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
                                     2 NAVY ANNEX
 WASHINGTON DC 20370-5 100

                                                                                          T RG
 Docket No: 7537-05
8 February 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2) Subjects naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed an application with this Board requesting, in effect, that his discharge be recharacterized to honorable and that his reenlistment code be changed.
2. The Board, consisting of Mr.  Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 30 January 2007 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.       Petitioner’s application was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 11 January 1996 at age 19. The record is incomplete, but it appears that he then served without incident for more than two years. On 21 July 1998 he was diagnosed as alcohol dependent and with a personality disorder. Accordingly, he was recommended for an administrative discharge.
d.       Although the separation package is not filed in Petitioner’s service record, the Board presumed that the separation processing was conducted in accordance with. regulations. On 12 August 1998, he was issued a general discharge by reason of personality disorder. At that time, he was not recommended for reenlistment and was assigned an RE-4
 reenlistment code.
e.       Petitioner request for a change in his discharge was considered and denied by the Naval Discharge Review Board on 21 July 2006. The NDRB also considered an incomplete record but concluded that he was properly discharged based on a presumption of regularity.
f.       The Board is aware that regulations allow for the issuance of either an honorable or a general discharge when an individual is discharged because of a diagnosed personality disorder. The regulations also allow for the assignment of an RE-3G or RE-4 reenlistment code when an individual is separated for that reason.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants partial favorable action. Since the record is incomplete, there is nothing in the record to support the decision to issue a general discharge rather than an honorable discharge. Given the absence of any disciplinary infractions, the Board concludes that the issuance of a general discharge was probably erroneous and the discharge should now be recharacterized to honorable.
Concerning the reenlistment code, it is clear that in addition to being diagnosed with a personality disorder, Petitioner was also diagnosed as alcohol dependent. The Board believes that the two unfavorable diagnoses were sufficient to support a decision not to recommended him for reenlistment and to assign an RE-4 reenlistment code.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 12 August 1998 he was issued an honorable discharge by reason of personality disorder vice the general discharge for that reason now of record.
b. That Petitioner’s request for a change in the reenlistment code be denied.
c. That this Report of Proceedings be filed in Petitioner’s naval record.
d. That the Department of Veterans Affairs be informed upon request that Petitioner’s application was received by the Board on 12 September 2005.



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 G OLDS MITH
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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