DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100CRG
Docket No: 6036-08
29 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER @ii-erweee
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting his naval record be corrected by
changing the reentry code he was assigned on 14 February 1994.
He also requests that his characterization of service and reason
for discharge be changed.
2. The Board, consisting of Messrs. Wen, “See and Gini
reviewed Petitioner's allegations of error and injustice on 27
August 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. Petitioner
enlisted in the Navy on 16 June 1992. A psychiatric evaluation
conducted on 10 January 1994 diagnosed him as having a
personality disorder. On 11 January 1994 he received nonjudicial
punishment for being disrespectful in language and in deportment
toward a petty officer. On 27 January 1994 his commanding
officer recommended that he be separated with a general discharge
by reason of misconduct due to the commission of a serious
offense and a personality disorder. On 14 February 1994 he
received a general discharge by reason of misconduct and was
assigned a reentry code of RE-4.
b. A service member may be discharged for the best interest
of the service if no other appropriate reason for separation
exists. A member discharged for the best interest of the service
may receive an honorable discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner’s request warrants favorable
action. In this regard, the Board notes that Petitioner’s record
contains only one nonjudicial punishment for offenses that did
not warrant discharge by reason of misconduct. Accordingly, the
Board concludes that his record should be corrected to show that
on 14 February 1994 he was issued an honorable discharge by
reason of best interest of the service.
Applicable regulations permit the assignment of an RE-4 reentry
code when an individual is discharged for the best interest of
the service. As the separation authority determined that he
lacked potential for further productive service, a reentry code
of RE-4 was properly assigned in his case.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
14 February 1994, he received an honorable discharge by reason of
best interest of the service.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That no further relief be granted.
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.
bypec ke.
ROBERT D. ZSALMAN JAMES R. E CIOS
Recorder cting 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.
Lo aasT 90”
W. DEAN PHRIRRER
Executive Di tor
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