DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100 .

 

TUR
Docket No: 8609-08
7 August 2009

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

 

Subj: REVIEW NAVAL RECORD OF &

 

-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 Marine Corps, filed enclosure (1)
with this Board requesting a change of his narrative reason for
separation and reenlistment code, and that his record reflect
that he was advanced to the next higher grade.

2. The Board, consisting of Ms. 3am i, Mc Steir and Mr.
maammceviewed Petitioner's allegations of error and injustice
on 4 August 2009 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 availiable under existing law and
regulations within the Department of the Navy.

b. Although it appears that enclosure (1) was not filed in a
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.

c. Petitioner enlisted in the Marine Corps on 19 April 1991
at age 19 and began a period of active duty on 24 April 1991. on
10 July 1991 his commanding officer was given authorization to
promote him to private first class (paygrade E-2). However, the

record does not reflect that he was. advanced to paygrade E-2.
d. Petitioner served without disciplinary incident until 12
September 1991, when he received nonjudicial punishment for an 11
day period of unauthorized absence (UA).

e, On 7 October 1991, after undergoing a psychiatric
evaluation, Petitioner was diagnosed with an adjustment disorder
with a depressed mood and a severe personality disorder with
dependent and avoidant features, both of which existed prior to
his enlistment. He was strongly recommended for an expeditious
administrative separation. The psychiatric report stated, in
part, that any delay in separation would have provoked further
self-harm and possibly led to suicide.

£. On 11 October 1991 Petitioner was notified of pending
administrative separation action by reason of convenience of the
government due to the diagnosed personality disorder. His
commanding officer recommended that he be issued a general
discharge by reason of convenience of the government. The
discharge authority approved this recommendation and on 31
October 1991, while serving in paygrade E-1, Petitioner received
a general discharge by reason of convenience of the government
and was assigned an RE-3C reenlistment code.

g. On 31 October 2008 Petitioner’s record was corrected to
reflect that he was assigned an RE-3P reenlistment code because
he @id not meet the qualifications for reenlistment due to his
physical/medical gtandards as evidenced by the diagnosed
personality disorder.

h. At the time of Petitioner's discharge his conduct and
proficiency averages were 4.2 and 4.1, respectively. Character
of service is based on conduct and proficiency averages which are
computed from marks assigned during periodic evaluations. —
Petitioner’s conduct average of 4.2 was more than high enough to
warrant a fully honorable characterization of service.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.

The Board initially notes Petitioner's disciplinary infractions
and does not condone his misconduct. However, the Board’s
decision is based on Petitioner's overall satisfactory service as
shown by his conduct and proficiency averages. The Board
especially notes that hig conduct and proficiency averages
exceeded the requirements for a fully honorable characterization
of service. Based on the foregoing, the Board concludes that no
useful purpose is served by continuing to characterize
Petitioner's service as having been less than fully honorable,
and as such recharacterization to a fully honorable discharge is
appropriate.

The Board also concludes that, although the record reflects that
authorization was granted to the command for promotion to the
next higher grade; Petitioner’s commanding officer did not direct
such action be taken. In this regard, Petitioner was not
promoted to private first class (paygrade E-2) and authorization
of the promotion does not méan that the commanding officer had to
promote him. Based on the foregoing, Petitioner’s request to be
advanced to the next higher grade is not warranted.

The Board further concludes that Petitioner was diagnosed with a.
severe personality disorder and properly processed for separation
due to the diagnosis. In this regard, he was erroneously
assigned an RE-3C reenlistment code which was subsequently
administratively corrected to RE-3P in accordance with the
regulations governing the assignment of reenlistment codes for
Marines who do not meet physical/mental standards for
reenlistment. As such, Petitioner’s request to further change
his reenlistment code is not warranted.

In view of the foregoing, the Board finds the existence of an
injustice warranting the following partial corrective action.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
he was issued an honorable discharge on 31 October 1991 vice the
general discharge actually. issued on that day.

b. That no further relief be granted.

ce. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.

d. That, upon request, the Department of Veterans Affairs be
snftormed that Petitioner's application was received by the Board
on § September 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
complete record of the Board's proceedings in the above entitled

matter.
ROBERT D. ZSALMAN BRIAN i 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.

\ Span hy

W. DEAN PFEIFF
Executive Dire