DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6570-09
2 June 2010
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
(b) SECNAVINST 1910.4B
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 Navy, filed enclosure (1) with this
Board requesting that his reenlistment code be changed.
and
2. The Board, consisting of Messrs 4 ,
. reviewed Petitioner's allegat™ Mf error and
injustice on 2 June 2010 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 22 June 2004 at the
age of 18 and served without disciplinary actions.
d. On 22 August 2006, Petitioner was referred for a
psychiatric evaluation for depression, which also included
suicidal thoughts, specifically, thoughts of suicide by cutting
his wrists. He was diagnosed with an adjustment disorder with
depressed mood as evidenced by depressed feelings, difficulty
adjusting, and suicidal ideation. He was found to be unsuitable
for further service and recommended for separation.
e. Subsequently, Petitioner was notified of proposed action
for an administrative separation for the convenience of the
government due to the diagnosed adjustment disorder. However,
the discharge authority directed his commanding officer to issue
him an honorable discharge by reason of convenience of the
government due to “other physical/mental condition - personality
disorder.” On 23 February 2006 Petitioner was so separated and
assigned an RE-4 reenlistment code.
f. Separation by reason of a diagnosed personality disorder
is proper only if a personality disorder, as defined by the
Diagnostic and Statistical Manual (DSM) is diagnosed. A
situational adjustment reaction (adjustment disorder) , according
to the DSM, is not a personality disorder. Further, reference
(b) does not specifically authorize separation by reason of an
adjustment disorder.
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, although diagnosed with an
adjustment disorder, was erroneously separated by reason of a
personality disorder, and concludes that the reason for
separation should be changed to best interest of the service.
This reason for separation is appropriate when discharge is
warranted, but the Sailor's situation is not covered by any other
reason for separation. The Board also concludes that his RE-4
reenlistment code was appropriately assigned given his diagnosed
adjustment disorder and nonrecommendation for advancement,
retention, or reenlistment, and therefore it 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
on 23 February 2006, he was separated by reason of best interest
of the service (secretarial authority) vice the discharge by
reason of convenience of the government due to personality
disorder actually issued on that date.
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, Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c), 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.
SD ATA \ aoe hong \
C i
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.
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