DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
‘Docket No: 10921-08
20 October ‘2009
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
Subj: REVIEW NAVAL RECORD ‘Ossi
hey
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 that his narrative reason for
discharge and reenlistment code be changed.
.. The Board, consisting of vr. ee vr. SMe and Ms.
ns ey reviewed Petitioner's a.
‘egactions of, error and
injustice on 20 October 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy on 30 October 2000 at
the age of 18 and served without disciplinary incident.
d. On 13 January and 16 May 2006, after undergoing medical
examinations, Petitioner was diagnosed with a major depressive
disorder with psychotic features.
e. Subsequently, Petitioner was notified that
administrative separation had been. initiated due to his diagnosed
physical/mental condition as evidenced by his depressive
disorder. In this regard, Petitioner's commanding officer
recommended that he be honorably discharged by reason of
convenience of the government due to a condition that was not a
physical disability. The discharge authority approved this
recommendation and Petitioner was so discharged on 19 July 2006
and assigned an RE-4 reenlistment code.
f. An RE-3G reenlistment code may be assigned to Sailors
separated due to a depressive disorder. This code may not bar
reenlistment, but requires that a waiver be obtained from
recruiting personnel who are responsible for determining whether
an individual meets the standards for reenlistment, and whether
or not a request for a waiver is feasible. A Sailor separated for
this reason may also receive an RE-4 reenlistment code, which
means that the individual is not recommended for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action.
The Board notes that Petitioner served satisfactorily and without
disciplinary infractions, and that an RE-3G reenlistment code is
authorized by regulatory guidance for a Sailor who is separated
due to a depressive disorder. Accordingly, the Board believes
that an RE-3G is the most appropriate reenlistment code for
Petitioner's situation. Nonetheless, the Board concludes that
Petitioner's narrative reason for discharge was proper due to his
diagnosed depressive disorder and also sufficient to support the
assignment of an RE-3G reenlistment code.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was assigned an RE-3G reenlistment code on 19 July 2006 vice
the RE-4 reenlistment code actually assigned on that date.
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 purposes, with no cross
references being made a part of Petitioner's naval record.
dad. That no further. relief by 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.
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. \ ,
‘Sok
W. DEAN PFERFF
Executive dite
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