DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8072-07
3 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF ..JgI
Ref: (a) 10 U.S.C. 1552
Encl: (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 his discharge be
changed.
2. The Board, consisting of Ms. @3QgQMIipg, Mr alma and Mr. qa
reviewed Petitioner's allegations of error and injustice on 1
October 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
Eollows:
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 ina
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 9 September 1987 at the
age of 18.
d. During the period from 30 March to 29 September 1989
Petitioner received nonjudicial punishment (NUP) on four
occasions for misbehavior as a sentinel and three periods of
absence from his appointed place of duty.
e. On 2 October 1989 Petitioner was referred for a
psychiatric evaluation because of his depressive neurosis,
suicidal behavior, and experiencing a nervous breakdown. He was
diagnosed with occupational problems and a borderline personality
disorder with passive aggressive features, and recommended for an
administrative discharge.
f. Subsequently, Petitioner was processed for discharge by
reason of convenience of the government due to the diagnosed
personality disorder. The discharge authority directed a general
discharge by reason of convenience of the government due to
personality disorder, and on 16 October 1989, he was so
discharged. At that time he was also assigned an RE-4
reenlistment code due to his disciplinary record.
g. Character of service is based, in part, on conduct and
overall trait averages which are computed from marks assigned
during periodic evaluations. An average of 3.0 was required at
the time of his discharge for a fully honorable characterization
of service. Petitioner's average mark, at the time of discharge,
was 2.7 and was insufficiently high to warrant a fully honorable
characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action.
The Board finds that Petitioner's conduct average was
insufficiently high to warrant a fully honorable characterization
of service and concludes that the general discharge of record was
appropriate. However, Petitioner was processed for discharge by
reason of convenience of the government due to personality
disorder and that his Certificate of Discharge or Release from
Active Duty (DD Form 214) incorrectly reflects his narrative
reason for separation as “misconduct-pattern of misconduct.”
Therefore, the Board concludes that Petitioner’s narrative reason
for discharge should be changed to reflect the correct reason for
discharge.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following partial corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was discharged on 16 October 1989 by reason of convenience of
the government due to personality disorder vice by reason of
misconduct due to a pattern of misconduct, on that 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 \ 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.
\2o.\ F
Executive dWrettor
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