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NAVY | BCNR | CY2007 | 07905-07
Original file (07905-07.rtf) Auto-classification: Approved
         DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECT i ON OF NAVAL RECORDS
                   2 NAVY ANNEX
                  WASHINGTON DC 20370-5100

         TJR
 Docket No: 7905-07
          April    2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         

Subj:    REVI 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 that the characterization of her discharge be upgraded and her reenlistment code changed.
2.       The Board, consisting of Messrs reviewed Petitioner’s allegations of error and injustice on 1 April 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 it appears that enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits.
c.       Petitioner enlisted in the Naval Reserve on 6 April 1988 at the age of 18, and served without disciplinary incident.



d.       During the period from 4 to 11 April 1990 Petitioner underwent medical and psychiatric evaluations after experiencing family problems. She was subsequently diagnosed with an adjustment disorder and a severe borderline and histrionic personality disorder, and recommended for an administrative separation.
e.       Petitioner was processed for separation by reason of convenience of the government due to the diagnosed personality disorder. On 27 April 1990 Petitioner was issued a general discharge under honorable conditions by reason of convenience of the government due to other physical/mental conditions as evidenced by the diagnosed personality disorder. Petitioner was then assigned an RE-3G reenlistment code.
f.       At the time of Petitioner’s discharge, her conduct average of 3.6 well exceeded the average mark of 3.0 which was required for a fully honorable characterization of service.
g.       An RE-3G reenlistment code may be assigned to Sailors separated due to a personality disorder. This code may not bar reenlistment, but requires that a waiver be obtained by recruiting personnel who are responsible for determining whether an individual meets the standards for reenlistment, and whether or not a request for a waiver of a reenlistment code is feasible. A Sailor separated for this reason may also receive an RE-4 reenlistment code, which means that the Sailor is not recommended for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.
The Board’s finding is based on Petitioner’s overall satisfactory service without disciplinary incident, length of service, and periodic conduct marks. In this regard, the Board notes that Petitioner’s conduct average exceeded the requirement for a fully honorable characterization of service. Based on the foregoing the Board concludes that no useful purpose is served by continuing to characterize Petitioner’s service as having been under honorable conditions, and recharacterizat i on to a fully honorable discharge is appropriate. Accordingly, the Board concludes that relief in the form of recharacterization of Petitioner’s discharge is appropriate.
The Board also notes that Petitioner was assigned the most favorable reenlistment code for her situation, and as such must obtain reenlistment, if feasible, through recruiting personnel.
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action.


RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that she was honorably discharged on 27 April 1990 vice being issued the general discharge under honorable conditions on the same day.
b.       That no further relief be 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 purpose, with no cross reference 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        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.




                                                               W. DEAN PFEIFFER
Executive Director

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