DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3923-07
6 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER @
REVIEW OF
NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
(b) SECNAVINST 1910.4B
Encl: (1) DD Form 149
(2) Petitioner’s naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting his naval record be corrected by
changing the reason for discharge and the reentry code he was
assigned on 14 January 2002.
2. The Board, consisting of Ms. mp yr. Pend Mr. ie
reviewed Petitioner's allegations of error and injustice on 30 _
July 2008 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. Petitioner
enlisted in the Marine Corps on 12 March 2001. on 22 August 2001
a psychiatric evaluation diagnosed Petitioner with an adjustment
disorder with a depressed mood. On 14 January 2002 he received a
general discharge by reason of personality disorder and was
assigned a reentry code of RE-4B.
b. An advisory opinion from Headquarters Marine Corps,
dated 1 May 2008, Opined that the reason for discharge was
correct. A second advisory opinion from Headquarters Marine
Corps, dated 8 May 2008, advised that Petitioner’s RE-4B reentry
code had been changed to RE-4.
c. Reference (b) states that a personality disorder, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition (DSM-IV), must be diagnosed in order to
Support a separation by reason of personality disorder. The Dsm
IV does not list an adjustment disorder as a personality
disorder.
d. Reference (b) also states that an individual may be
separated by reason of best interest of the service if separation
is appropriate but no other reason set forth in the reference
covers the situation at hand. Individuals separated for this
reason may receive a reentry code of RE-R1, RE-1, or RE-4,
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that Petitioner’s record contains no
evidence that he was diagnosed with a personality disorder in
addition to an adjustment disorder. Therefore, the Board
concludes that the reason should be changed to “best interest of
the service”, a non-stigmatizing basis for separation which is
assigned when no other reason is appropriate.
Although Petitioner requested that his reentry code be changed
from RE-4B, the Board notes that an RE-4 reentry code is
authorized by regulatory guidance for those discharged by reason
of best interest of the service. Given Petitioner’s present
adjustment disorder, the Board concurs with the advisory opinion
from HQOMC and concludes that his present reentry code is not
erroneous or unjust.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
received a general discharge by reason of best interest of the
service on 14 January 2002.
b. That no further relief be granted.
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 keg R. ICIOS
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.
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