DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 11812-09
30 August 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : =e OF NAVAL RECORD SFC
Ref: (a) 10 U.8.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 petty officer of the Navy, filed enclosure (1) with this
Board requesting a change for the reason she was discharged from
“Secretarial Authority by reason of Best Interest of the service”
to “Expiration of Service/Involuntary Discharge”, and that her
RE-4 reenlistment code be upgraded to RE-1.
2. The Board, consisting of Mr. Sg vr. QD and mr.
GP, xeviewed Petitioner's allegations of error and injustice
on 24 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, 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 Navy and began a period of
active duty on 13 August 1992. On 24 February 1993, she
underwent mammoplasty surgery (breast reduction). Approximately
five months later, she was diagnosed with a personality disorder
after she displayed signs of depression after her surgery, which
was performed by Navy medical personnel. The outpatient
psychiatric evaluation stated, in part, that she had a
personality disorder, not otherwise specified, with paranoid and
borderline features. She was found not to be suicidal, homicidal
or psychotic. At that time, it was felt that she was suitable
for further military service. She was honorably discharged on
2 March 1994 and assigned an RE-4 reenlistment code. On 17
September 2009, the Navy Discharge Review Board (NDRB) found
evidence of impropriety in her discharge, found that the
discharge was improper, and voted unanimously to change her
narrative reason of discharge to “Secretarial Authority by Reason
of Best Interest of the Service”, which is used when a Sailor
does not meet the minimum criteria for processing for any other
reason. She did not receive any disciplinary action or
substandard evaluations during her period of active duty.
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 her
overall record of military service, including no disciplinary
infractions, and above average performance marks.
The Board therefore concludes that, in retrospect, the assignment
of the most restrictive reenlistment code of RE-4 was
inappropriate, and assignment of an RE-1 reenlistment code more
accurately reflects the quality of her service. Finally, since
she did not meet the minimum criteria for any other reason for
processing, the narrative reason for separation will remain as
“Secretarial Authority by Reason of Best Interest of the
Service”. 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 2 March 1994, she was assigned an RE-1 reenlistment code vice
the RE-4 code 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 Sroten)) Haag
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.
LO Dose
Man <4
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