DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 9414-08
30 July 2009
Prom: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
}: REVIEW NAVAL RECORD OF ee
wen eate ap
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, 4
former enlisted member of the Navy, filed enclosure (1) with this
Roard requesting that the characterization of his discharge and
Ds he Board, consisting of Mr gee Ms eh and Mr.
pn reviewed Petitioner's allegations of error and injustice
on 28 duly 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 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 4g in the interest of justice to waive the
statute of limitations and review the application on its merits.
c,. Petitioner enlisted in the Navy on 41 July 1990 at the age
of 19, began a period of active duty on 19 July 1990, and served
without disciplinary incident .
d. In February 1992 Petitioner was referred for a psychiatric
evaluation because of his suicidal ideation, specifically,
stating that he wanted to cut his throat. He was diagnosed with
an adjustment disorder and a severe Longstanding borderline
personality disorder that existed prior to his enlistment, and
rendered him incapable of serving adequately. The psychiatric
report stated, in part, that he was a continuing risk to himself,
others, and government property; should not be permitted to
perform duties involving use of weapons, ordnance, or government
vehicles; and would continue to have difficulty adapting to
military service. He was also removed from his shipboard
environment because of the diagnosed personality disorder.
e. During the period from 18 to 27 February 1992 Petitioner
was administratively processed for separation by reason of
convenience of the government due to a physical or mental.
condition as evidenced by the diagnosed personality disorder. On
28 February 1992 he was issued a general discharge under
honorable conditions.
f£. At the time of Petitioner's discharge his conduct average
of 3.2 was sufficiently higher than the average mark of 3.0
required for a fully honorable characterization of service.
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
The Board's finding is based on Petitioner's overall satisfactory
record of service without disciplinary incident, length of
service, and periodic conduct marks. in this regard, the Board
notes that his conduct average exceeded the requirement 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
under honorable conditions, and recharacterization to a fully
honorable discharge js appropriate.
The Board further concludes that Petitioner was properly
diagnosed with a personality disorder that existed prior to his
enlistment, and that this condition rendered him unfit for
Further service. As guch, the Board concludes that the narrative
reason for separation is proper and should not be changed.
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 honorably discharged on 28 February 1992 vice being issued
the general discharge under honorable conditions on the same day.
b. That no further relief be granted.
c. 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.
d. 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 Ve
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 jts provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
pehalf of the Secretary of the Navy.
We = DFRYF
Executive oO
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