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NAVY | BCNR | CY2007 | 06693-07
Original file (06693-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SJN
 Docket No: 06693-07
2 June 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj REVIEW OF N VAL 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 a change to his RE-4 reenlistment code.
2 The Board consisting of reviewed Petitioner’s allegat ion e rror and injustice on 28 May 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.
b.       Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statue of limitations and review the application on its merits.
         c.       Petitioner enlisted in the Navy on 6 May 1986 at age 23. On 3 April 1987, he received nonjudicial punishment (NJP) for a 24 day period of unauthorized absence (UA) and missing movement. He received a reduction in paygrade, restriction, extra duty, and a forfeiture of pay.
d.       On 28 April 1987, Petitioner was the subject of a psychiatric evaluation after being admitted to the hospital for suicidal inclinations by attempting suicide via an overdose of pills. He reported marital difficulties and stress from shipboard life as his main stressors. Petitioner was diagnosed with a mixed personality disorder with borderline and dependent features that existed prior to his entry into the service. The report further stated that although Petitioner was not currently suicidal or homicidal, he was still a threat to harm himself or others if retained.
e.       On 6 June 1987, Petitioner was notified of pending administrative separation action by reason convenience of the government due to the diagnosed personality disorder and misconduct due to commission of a serious offence as evidenced by missing ship’s movement. He elected to waive the rights to consult counsel, submit a statement or have his case heard by an administrative discharge board. On 9 June 1987, his commanding officer (CO) forwarded Petitioner’s case recommending discharge of the type warranted by his service record. He stated, in part, that he had done nothing constructive and had achieved virtually nothing during his year of service. The CO further stated that Petitioner had not tried and was a major liability to the command.
f.       On 10 June 1987, Petitioner began a period of unauthorized absence (UA) that lasted five days, ending on 15 June 1987. On 17 June 1987, he began another period of UA that lasted 43 days, ending on 28 July 1987. During the last period of UA, the separating authority directed that Petitioner be separated due to misconduct with an other than honorable (0TH) discharge. Subsequently, on 5 August 1987, Petitioner received NJP for the two periods of UA totaling 48 days. He received restriction, extra duty, and a forfeiture of pay. He was discharged on 13 August 1987 with an 0TH.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.
In reaching its conclusion, the Board notes Petitioner’s youth, relatively short period of time in service, and after careful and conscientious consideration of the entire record, including his two NJP’s for periods of UA, missing movement, and the diagnosed personality disorder. The Board concludes that even though the 0TH was proper, based on Petitioner’s overall record of military service, the main reason for his discharge was his personality disorder, which may have been a contributing factor to his misconduct, and the record should reflect a general characterization of service. In view of the foregoing, the Board recommends the following corrective action:

RECO M MENDATION:
a.       That Petitioner’s naval record be corrected to show that on 13 August 1987 Petitioner was issued a general discharge vice the 0TH discharge actually issued on that date.
b.       That a copy of this report of proceedings be filed in Petitioner’s naval record.
c.       That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 20 July 2007.
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        BRIAN J. GEORGE
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.


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