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NAVY | BCNR | CY2006 | 04259-06
Original file (04259-06.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037-0-5100

 TJR
 Docket No: 4259-06
 16 January 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW NAVAL RECORD OF

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 an upgrade of her discharge and changes in the narrative reason for separation and reenlistment code.
2.       The Board, consisting of Mses. reviewed Petitioner’s allegations o error and injustice on 9 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.       Enclosure (1) was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 28 December 1989 and served without disciplinary incident.
d.       On 17 May 1990 Petitioner was referred for a psychiatric examination because of suicidal ideations with a p’lan to execute such action. She was diagnosed with a severe dependent personality disorder that existed prior to her enlistment and recommended for an administrative separation.
e.       On 13 June 1990, after undergoing a follow-up psychiatric examination, Petitioner’s diagnosis was reconfirmed and she was again recommended for an administrative separation.



f.       On 26 June 1990, six months after her enlistment, Petitioner was notified that administrative separation action had been initiated by reason of convenience of the government due to the diagnosed personality disorder. Subsequently, Petitioner’s commanding officer recommended an entry level separation by reason of the diagnosed personality disorder. On 3 July 1990 the discharge authority approved this recommendation arid directed an uncharacterized entry level separation by reason of convenience of the government due to other physical/mental condition as evidenced by the diagnosed personality disorder.
g.       On 12 July 199 0 Petitioner received a general discharge by reason of other physical/mental condition as evidenced by the diagnosed personality disorder and assigned an RE-4 reenlistment code.
CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants partial favorable action.

Although Petitioner served without disciplinary infractions, the diagnosed personality disorder was of such severity that she presented a threat to herself and others, especially given her suicidal ideations and plan to commit suicide. The Board notes that an RE-4 reenlistment code is authorized by regulatory guidance for an individual who is separated due to personality disorder, and is normally assigned when the person is deemed to be a threat to herself or others. Further, the Board concludes that Petitioner’s reason for discharge, personality disorder, was proper given the diagnoses of 17 May 1990 and the lack of any evidence to show that the diagnosis was improper. Accordingly, the Board believes that the assigned reenlistment code and reason for separation are proper and appropriate.

 However, Petitioner only served on active duty for six months and applicable regulations authorize an entry level separation if separation action is initiated during the first 180 days of continuous active service. Accordingly, Petitioner was improperly separated with a general discharge because separation processing was begun before she served 180 days of active service. Moreover, the separation authority directed an entry level separation, and as such, her record should be appropriately corrected to reflect this action.
RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected to show that on 12 July 1990 she received an uncharacterized entry level separation vice the general discharge on that same date.
b.       That no further relief by 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 purposes, with no cross references 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        A LAN 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)) 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 P FE IFFER
                   Executive director
3

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