DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700 .
JRE
Docket No. 03052-08
3 November 2008
From: Chairman, Board for Correction of Naval Records
TC: Secretary of the Navy
Subj: FORMER See ied
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Enel : (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that his naval record be
corrected to show that he was discharged for a reason other than
a personality disorder, he be assigned a more favorable reentry
code, and that references to asthma, panic disorder with
agoraphobia, suicidal thoughts, loss of appetite, and anger
issues be removed from his record.
2. The Board, consisting of Mc. 2 @ and Messrs. Gand
WEA reviewed Petitioner's allegations of error and injustice
on 23 October 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. Petitioner enlisted in the Navy on 20 April 1995. On 25
April 1995, medical authorities determined that he had a history
suggestive of asthma, and that there was clinical and objective
evidence of that condition. On 2 May 1995, he was a given a
diagnosis of panic disorder with agoraphobia, and recommended .
for entry level separation because of that diagnosis. He was
not given a diagnosis of a personality disorder. He was
discharged with an entry level separation on 12 May 1995, by
reason of a personality disorder, and assigned a reentry code of
RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner has failed to submit sufficient
relevant evidence to demonstrate that the references in his
naval record to panic disorder with agoraphobia, suicidal
thoughts, anger issue, and loss of appetite are erroneous, or
that it would be in the interest of justice to remove those
references from his naval record.
The Board concludes further that while it would have been
appropriate to have discharged Petitioner because of his panic
disorder with agoraphobia, as recommended by medical
authorities, he was erroneously discharged by reason of a
personality disorder, a condition he did not have. Accordingly,
the Board concludes that it would be in the interest of justice
to change the basis for separation to the best interest of the
service, remove all references to a personality disorder from
his record, and, as exception to policy, to assign him a reentry
code of RE-3E.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was separated from the Navy on 23 May 2007 by reason of best
interest of the service, vice personality disorder, and assigned
a reentry code of RE-3E, vice RE-4, as an exception to policy.
b. That so much of Petitioner's request for correction of his
naval record as exceeds the foregoing be. denied.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4, Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)} 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 JAMES R. EANICIOS
Recorder eting 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.
\Dygoar |
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