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NAVY | BCNR | CY2006 | 02864-06
Original file (02864-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                           TJR
                                                                                          Docket No: 2864-06
                                                                                          17 October 2006

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL OF RECORD S
                 
         Ref:     (a) 10 U.S.C. 1552
End:     (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.
2 The Board, consisting of Messrs and reviewed Petitioner’s allegations of error and injustice on 17 October 2006 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.       Enclosure (1) was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 11 February 1992 and served without disciplinary actions.
d.       On 6 May 1992, after undergoing a mental health evaluation, Petitioner was diagnosed with a severe adjustment disorder, acute situational depression, and an inability to perform recruit training requirements. As a result, he was recommended for an administrative separation. The psychiatric report stated, in part, as follows:
 (Member) referred from recruit evaluation unit on 26FEB92 (due to) poor performance, detrimental mental status. (psychiatrist comments): inability to adapt.... experience periods of uncontrollable crying, decreased sleep and appetite, inability to relax, difficulty establishing peer relationships. . . . consistent poor performance. .. . again set back due to 2nd failure of 3rd academic and failure of other major evolutions. . . . judgment and insight were poor. stated that even though (at the present time) he did not consider suicide, he was so depressed that he could not be sure that if his failures and set-backs continued that he would not eventually turn to such as a source of comfort. . considered an imminent risk for harm to self and others if retained..., diagnoses: severe adjustment disorder manifested by immaturity; severe acute situational depression; continuous inability to perform minimum routine requirements of recruit training. . . . strongly recommend entry level separation.
e.       Subsequently, Petitioner was notified of proposed action for an administrative separation by reason of convenience of the government due to the diagnosed severe adjustment disorder. On 7 May 1992 Petitioner’s commanding officer directed separation.
f.       On 11 May 1992 Petitioner was separated with an uncharacterized entry level separation by reason of “other physical and/or mental conditions - personality disorder.” At that time, Petitioner was assigned an RE-4 reenlistment code.
g.       Separation by reason of a diagnosed personality disorder is proper only if a personality disorder, as defined by the Diagnostic and Statistical Manual (DSM) is diagnosed. A severe adjustment disorder, according to the DSM, is not a personality disorder.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action.
The Board notes that Petitioner, although diagnosed with a severe adjustment disorder, was erroneously separated by reason of a personality disorder, and concludes that the reason for separation should be changed by removing the words “personality





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disorder” from Petitioner’s Certificate of Discharge or Release from Active Duty (DD Form 214). However, the Board also notes that Petitioner’s RE-4 reenlistment code was appropriate given his diagnosed adjustment disorder and the possibility of self-harm, and concludes that the reenlistment code should not be changed.
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 on 11 May 1992, he was separated by reason of other physical/ mental conditions vice the discharge actually issued on that date that references a personality disorder. This corrective action should include the issuance of a new DD Form 214.
b.       That no further relief be granted.
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 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 Regulation, Section 723.6(e))
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 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 Di rector

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