DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07821-08
29 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF ‘if
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 United States Navy, filed enclosure
(1) with this Board requesting, in effect, that his bad conduct
discharge (BCD) be upgraded.
oe’ acd ieee ay:
2. The Board, consisting of Messrs. agua rm and 7
reviewed Petitioner's allegations of error and injustice on
21 May 2009 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.
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 25 September 1980. He
then served for approximately three years without disciplinary
incident. However, on 29 March 1983, he received a referral to
the mental health facility for an evaluation. On 8 May 1983, he
was diagnosed with a mixed personality disorder and was
recommended for a medical discharge. However, he was not
separated by his command, but continued on active duty.
d. Shortly thereafter, Petitioner entered on an unauthorized
absence (UA) status. On 30 April 1984, he was convicted at a
special court-martial (SPCM) of two specifications of UA, in
excess of 148 days. He was sentenced to a bad conduct discharge
(BCD).
e. On 9 May 1984, after Petitioner’s conviction at a SPCM, he
received another mental health review where he was again
diagnosed with a mixed personality disorder.
f. Petitioner was separated with a BCD on 26 April 1985, due
to his conviction at a SPCM and received an RE-4 reenlistment
code.
CONCLUSION :
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board’s conclusion is based on the belief that Petitioner was
diagnosed with a mixed personality disorder by a mental health
professional and was recommended for separation. However; his
command retained him on active duty, in spite of his diagnosis.
The Board takes into consideration that although he did commit
the misconduct in April 1984, which resulted in a SPCM, it
believes that it was due to his mental health problems. Based on
the foregoing, the Board concludes that as a matter of equity, he
would be better served with a recharacterization to a general
discharge.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he received a general discharge on 26 April 1985, vice the BCD
issued on the same day.
b. 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.
c. 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 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.
La Wean
W. DEAN PFE
Executive di
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