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NAVY | BCNR | CY2006 | 03730-06
Original file (03730-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
                                             BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037&5100
         TJR
 Docket No: 3730-06
          29 November 2006

From:    Chairman, Boar for Correction of Naval Records
          To:      Secretary o f the Navy
Subj:
          Ref:     (a)      10       U.S.C. 1 552
End:     (1) DD Form 14 with attachment
(2)      C se summa y
 (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 narrative reason for separation and reenlistment code be changed.

2. The Boa d, consisting of Mr.  Ms. and Mr. reviewed Petitioner’s allegations of error and
injustice o 28 November 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available e evidence of record. Documentary material considered y the Bo rd consisted of the enclosures, naval records, an applicable statutes, regulations, and policies.

3.       The Boal2d, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows:

a.       Before applying g to this Board, Petitioner exhausted all administrative reined available under existing law and regulations within t e Department of the Navy.

b.       Although it appears that enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitation s and review the application on its merits.

c.       Petitioner enlisted in the Navy on 11 October 1990 at age 22 and served without disciplinary incident.

d.       On 24 August 1992 Petitioner was referred for a psychiatric evaluation to determine his stability for further service. He was diagnosed with a personality disorder and recommended for and an initiative sep4ration. The psychiatric report also noted as follows:
 REVIEW
 (Member) with a long standing and well documented personality disorder who continues to do poorly in terms of performance and behavior..., has a history of dysfunctional family upbringing g, marital discord, antisocial and personality adjustment (PA) traits..., diagnosed: marital problems, moderate personality disorder with PA and antisocial trail s, and dependent and immature traits.... recommended for an administrative separation.




e.       Petitioner was subsequently processed for an administrative separation by reason of convenience of the government due to the diagnosed personality disorder. On 9 October 1992 he was issued a general discharge under honorable conditions and was a signed an RE-4 reenlistment code. ~t the time of his discharge, Petitioner’s conduct and overall averages of 3.4 and 3.5 were sufficiently high to qualify him for an honorable discharge.
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 served without disciplinary incident and his conduct and overall traits averages exceeded the requirements for a fully honorable characterization of service. As such, the Board c includes that no useful purpose is served by continuing to characterize Petitioner’s service as having been under honorable conditions, and recharacterization to a fully honorable discharge s appropriate.

The Board further concludes that the narrative reason for separation and the reenlistment code were appropriate given the diagnosed personality disorder along with his poor performance and immature and impulsive behavior.

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action.

RECOMr4ENDAT ION:

 a.       That Petitioner’s naval record be corrected to show that he was issued an honorable discharged on 9 October 1982 vice the general discharge actually issued on that day.

b.       That no further r relief be granted.
c.       That a copy o this Report of Proceedings be filed in Petitioner’s naval r cord.
d.       That, upon request, the Veterans Administration being informed that Petitioner’s application was received by the Board on 28 April 2006.

4. It is certified t at a quorum was present at the Board’s review and deliberations’ , and that the foregoing is a true and complete record of t e Board’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN        ALAN E. GOLDSMITH
Recorder         Acting Recorder


 5. Pursuant to the d legation of authority set out in Section
 6(e) of the revised procedures of the Board for Correction of Naval Records (32 Co e of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced ~hat the foregoing corrective action, taken under the authority f reference (a), has been approved by the Board on behalf of the Secretary of the Navy.





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