DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1255-08
12 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF S@
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting to change the RE-4 reenlistment code that he
received when he was separated with a general discharge on
15 September 2006.
2. The Board, consisting of Mr. Diititibee Mr . Spain: and
Mr. @ilimempe, ceviewed Petitioner's allegations of error and
injustice on 10 September 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. On 18 November 2003, Petitioner enlisted in the Navy
at age 33 and subsequently served on board a nuclear powered
submarine as an auxiliary equipment technician. on
10 May 2006, he received a psychiatric evaluation after he
voluntarily requested it for possible Attention Deficit
Hyperactivity Disorder. The evaluation diagnosed him as having
a personality disorder not otherwise specified characterized by
mixed anxiety, depressed mood, decreased energy, poor
concentration and suicidal ideation. The evaluation concluded
by recommending administrative separation due to the diagnosed
personality disorder. On 18 May 2006, he was counseled
regarding the personality disorder. on that same day he was
charged with failure to present identification and heed the
order of a guard when entering a naval base. On 22 May 2006,
he had nonjudicial punishment (NJP) for failure to obey a
lawful order.
c. On 11 August 2006, Petitioner's commanding officer
initiated administrative separation by reason of convenience of
the government due to a condition not a physical disability and
misconduct due to commission of a serious offense. [In
connection with this processing, he acknowledged that
separation could result in a general discharge and submitted a
statement in which he stated in essence that he completed 34
months of positive service, gave his best and requested an
honorable characterization of service. On 18 August 2006, the
separation authority approved the discharge recommendation and
directed a general discharge by reason of convenience of the
government due to a condition not a physical disability. on
15 September 2006, he was so discharged and assigned an RE-4
reenlistment code. At that time, his awards included the
Global War on Terrorism Defense Medal, Ballistic Missile
Submarine (SSBN) Deterrent Patrol Insignia, Enlisted Submarine
Warfare Specialist Breast Insignia, and National Defense
Service Medal. Based on the information currently contained in
the record, it appears that no evaluation marks or performance
evaluations were submitted for inclusion in the naval record.
d. In his application, Petitioner states that he would like
to change the RE-4 reenlistment code to allow him to reenlist
in another branch of the armed forces.
e. Regulations authorize assignment of an RE-4 reenlistment
code to service members who are discharged due to a condition
not a physical disability and are considered a potential threat
to harm themselves or others if retained.
service would be clearly inappropriate. Regulations further
State that service members discharged by reason of convenience
of the government receive a general discharge when significant
negative aspects of conduct or performance of duty outweighs
the positive aspects of a member's overall service record.
CONCLUSION:
Upon review and consideration of all evidence of record, the
Board concludes that Petitioner's request warrants partial
relief. Specifically, the Board believes that his discharge
was in accordance with regulations and given his suicidal
ideation, the Board finds that the RE-4 reenlistment code was
properly assigned. However, regarding the general
Characterization of service, the Board considers his overall
service, awards, sea service, and attaining the pay grade of
E-4 in a technical field. Furthermore, the Board considers his
diagnosis of having a personality disorder and notes that he
had an NJP about two weeks later, and with the exception of the
NJP, he served without incident. Furthermore, the Board
considers his statement that he submitted with the
administrative separation recommendation. Therefore, as a
matter of clemency, the Board concludes that his separation
should be changed to an honorable discharge.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he received an honorable discharge on 15 September 2006, vice
the general 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 by the
Board on 5 February 2008.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
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.
Executive D
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