DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-51060 .

 

TIR
Pocket No: 3743-08
5 November 2008

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 November 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.

After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

Your record reflects that on 11 July 1988
Marine Corps using social security number (ie and served
without disciplinary incident. On 2 May 1989, after undergoing a
medical evaluation, you were diagnosed with migraine headaches
which existed prior to your enlistment. As a result, on 25 May
and 19 June 1989, a medical board recommended discharge by reason
of a physical disability. Shortly thereafter, you were processed
for discharge, and on 6 August 1989 you were honorably discharged
by reason of a physical disability with no severance pay. At
that time you were assigned an RE-3P reenlistment code.

woulisted in the

  
   

On 26 June 1990, prior to your enlistment in the Navy, you
initialed and signed enlistment documents, specifically, an
Application for Enlistment (DD Form 1966), in which you responded
“No” to questions regarding any prior military service, and any
involvement with Federal, state, military or other law
enforcement or juvenile authorities. Subsequently, on 1 October
A month later, on 5 November 1990, your name
was changed by deleting your middle name. An administrative
remarks entry was made of this change which also stated that you
presented a social security card reflecting your changed name.

During the period from 6 May to 14 June 1991, after being
referred to a mental health center for irritability, anxiety,
depressive symptoms, anger outbursts, feelings of being out of
control, expressing anger and disappointment, and complaints of
stress, you were diagnosed with narcissistic and dependent
personality traits. On 26 June 1991, you received nonjudicial
punishment (NJP) for insubordination and were awarded a $400
forfeiture of pay, restriction and extra duty for 45 days, and a
suspended reduction in paygrade. During the period from 26 June.
to 1 July 1991 you were referred to a mental health center for
observation and evaluation due to your suicidal ideation as

“evidenced by you purposely swallowing paint and refusing to take

necessary medications and/or treatment. You were diagnosed with
a severe personality disorder and recommended for an
administrative discharge.

Subsequently, you were processed for discharge by reason of a
physical/mental condition as evidenced by the diagnosed
personality disorder. The discharge authority directed a general
discharge by reason of other physical/mental condition,
personality disorder, and on 3 July 1991, you were so discharged.
At that time you were assigned an RE-4 reenlistment code.

The Board has documented evidence which reflects that on 11
February 2005, after you had passed a military entrance
processing physical, a medical waiver request for entry into the
Army/Air Force National Guard was submitted on your behalf. At
that time you were using the name § . MRNA and social
security number QE Tt appears that this medical waiver
was only for your diagnosed migraine headaches while serving in
the Marine Corps. It further appears that on 1 March 2005 the
medical waiver was approved, because on 3 March 2005 you enlisted
in the Army National Guard.

 

On 2 September 2008 the Board received documentation that stated,
in‘part, that on 28 November 2007 you became a member of the
Florida Army/Air Force National Guard using the name @R—INE
@miemBand social security number wnt This documentation

also states that your current contract does not expire until 1
March 2011.
The Board obtained a Federal Bureau of Investigation (FBI) report
that shows, in part, that during the period from 15 August 1987
to 27 June 2005 you were apprehended, charged, and convicted by
civil authorities of larceny from an automobile, possession of
burglary tools, two counts of perjury, two counts of simple
assault, resisting arrest, use of a controlled substance, and
trespassing. It also reflects that during this period you used
nine aliases and multiple social security numbers.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your current enlistment in the Army National Guard and desire to
change your RE-4 reenlistment code so that you may return to
active duty. The Board also considered the medical documentation
submitted in support of your case. It further considered your
request to have the term ‘Negroid’ removed from your medical
record because you find the term to be insulting, demeaning, and
degrading. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the RE-4 reenlistment code
that was assigned by the Navy due to your diagnosed personality
disorder and your suicidal ideation. Also, an RE-4 reenlistment
code is required when a Sailor is discharged and not recommended
for reenlistment. Further, although you provided medical
documentation regarding your present physical condition, this
documentation does not negate the severe personality disorder
diagnosed by Navy psychiatric personnel. Finally, the Board has
no authority to make administrative corrections to medical
records, such as the removal of the term Negroid. Accordingly,
your application has been denied.

Be advised that the Board further noted the appearance of fraud

in your enlistment in the Navy as evidenced by your failure to

disclose your prior service in the Marine Corps and conviction
and/or involvement with civil law enforcement. It also appears
that your fraud continued when you enlisted in the Army National
Guard by obtaining a waiver of your physical disability while
serving in the Marine Corps and, by omission of your service in
the Navy, which included the diagnosis of a severe personality
disorder and nonrecommendation for reenlistment, both resulting
in the assignment of an RE-4 reenlistment code.

The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
- favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

Lens

W. DEAN PPELRYE
Fxecutive Direst

qaqa:
Chief, National Guard Bureau

NJ Army National Guard

FL Army/Air Force National Guard ee

Social Security Administration