DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 SIN

Docket No: 08843-10
2 September 2010

 

 

 

 

From: Chairman, Board for Correction of Naval Records
Tens Secretary of the Navy
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 lance corporal of the Marine Corps Reserve, filed
enclosure (1) with this Board requesting the narrative reason
(“Personality Disorder”), JFX1 separation code, and RE-4
reenlistment code be changed. Additionally, he is requesting
that his paygrade be changed from E-3 to E-4.

2. The Board, consisting of - . and
Mr, QM reviewed Petitioner's allegations of error and

injustice on 31 August 2010 and, pursuant to its regulations,
determined that the limited 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, advisory opinions, 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 enclosure (1) was not filed in a 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 Marine Corps Reserve and began
a period of active duty on 5 January 2004. Beginning in October
2004, he had been seen for Attention Deficit Hyperactivity
Disorder (ADHD). At that time, his symptoms had been controlled
by the use of Adderall. His disorder did not constitute a
disability, and it was recommended that he should continue taking
his medication. Further, he was found not to be a risk of harm
to himself or others, neither suicidal nor homicidal, and found
not to be mentally ill. However, he did manifest a long-standing
brain disorder of inattention that rendered him unsuitable for
continued service. He was found fit to return to duty for
processing for administrative separation. Subsequently, he was
notified of a proposed action for an administrative separation
for the convenience of the government due to a personality
disorder, specifically, ADHD, due to the fact that his medication
regimen caused side effects of dehydration that limited his
capacity to serve in certain operational environments. His case
was forwarded to the separation authority, and on 4 August 2005,
he received a general discharge and was assigned an RE-4
reenlistment code due to a “Personality Disorder”. However, on
17 December 2009, the Commandant of the Marine Corps changed his
RE-4 reenlistment code to RE-3P, which means he did not meet the
physical/medical standards for reenlistment at the time of his
discharge.

d. Separation by reason of a diagnosed personality disorder
is proper only if a personality disorder is present, as defined
by the Diagnostic and Statistical Manual (DSM). ADHD, according
to the DSM, is not a personality disorder, nor a physical
disability. Petitioner could have been discharged due to
“Secretarial Authority by Reason of Best Interest of the
Service”, with a JFF1 separation code. He did not receive any
disciplinary action or substandard evaluations during his period
of active duty.

e. With regard to his eligibility for corporal, paygrade
E-4, an advisory opinion from the Marine Corps, Manpower and
Reserve Affairs Department states that when a Marine is assigned
an RE-3P reenlistment code he is not considered for promotion per
directives.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action. In this regard, the Board initially notes his
overall record of military service, including no disciplinary
infractions. The Board finds an impropriety in his discharge,
and votes to change his narrative reason from “Personality
Disorder” to “Secretarial Authority by Reason of Best Interest of
the Service” since ADHD is not a personality disorder. In view
of the foregoing, the Board recommends the following limited
corrective action:
RECOMMENDATION:

 

a. That Petitioner's naval record be corrected to show that
on 10 August 2005, he was discharged by reason of “Secretarial
Authority by Reason of Best Interest of the Service” vice
“Personality Disorder” and assigned a JFF1 separation code vice

JFX1, now of record.

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 direct to be removed from Petitioner’s
naval record be returned to this 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.

d. That no further relief be granted.

e. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on 9 November
2009.

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.

ROBERT D. ZSALMAN BRIAN } 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.

Be ar Beas | oe

FA_W. DEAN P IFFER
Executive Director