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NAVY | BCNR | CY2007 | 01685-07
Original file (01685-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO



 JRE
 Docket No. 01685-07
          2 June 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
~ ~&~_-~-~-
          Subj     FORMER
REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he was honorably discharged by reason of Secretarial Authority and assigned a reentry code (RE code) of RE- I , or in the alternative, that he was honorably discharged and assigned an RE code of RE-3G. He contends that he does not suffer from Asperger’s disorder, and that he wants to reenlist, which he cannot do with an RE-4. He submits evidence of his good post service conduct and achievements, and a report of psychological evaluation.
2 The Board consisting of reviewed Petitioner’s allegations of error and injustice on 31 May 2008 and pursuant to its regulations, determined that the partial 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 served on active duty in the Marine Corps from 1 November 2004 to 3 May 2006, when he was discharged under honorable conditions because of Asperger’s disorder, which was considered a condition, not a disability, that interfered with his performance of duty. As he was not recommended for further service, he was assigned an RE code of RE-4, rather than the other available code, RE-3P. Although his proficiency and conduct mark averages were each 4.0, and his company commander recommended that he receive an honorable discharge, the separation authority approved a general discharge based on the recommendation of Petitioner’s battalion commander, who believed that Petitioner’s conduct and performance, which was marred by the receipt nonjudicial punishment for disrespect to and disobedience of the order of a noncommissioned officer, did not warrant an honorable discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board was not persuaded that Petitioner was misdiagnosed as suffering from Asperger’s disorder, or that he was discharged in error. The Board finds that irrespective of the diagnostic label applied to Petitioner’s disorder, such as depressive, anxiety, obsessive compulsive and/or Asperger’s disorders, the fact remains that he suffered from a mental disorder which interfered with his performance of duty and rendered him unsuitable for service at the time in question, rather than unfit by reason of physical disability.
The Board concludes further that as Petitioner received nonjudicial punishment on only one occasion and had proficiency and conduct mark average which met the criteria for an honorable discharge, and given his company commander’s recommendation that he receive an honorable discharge, it would be in the interest of justice to upgrade Petitioner’s discharge to honorable. With regard to the RE code, the Board believes that in consideration of Petitioner’s good post service conduct and achievements, he should be given the opportunity to reenlist in the event he can obtain a waiver of the basis for his discharge and his disqualifying medical condition. Accordingly, the Board recommends that he be assigned an RE code of RE-3P.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was honorably discharged on 3 May 2006 and assigned a reentry code of RE-3P.

2






b.       That no further relief be granted.
c.       That a copy of this Report of Proceedings be filed in 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. Z SALMAN                                            JAMES EXNICIOS
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 72 3.6(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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