DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 12321-10
11 February 2011
From: Chairman, Board for Correction of Naval Records
Toit Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF OM (2 i ___ ay
Ref: (a) 10 U.8s€. 1852
Enel: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps ltr dtd 1 May 09
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner, a former
enlisted member of the Marine Corps, filed enclosure (1) with this
Board requesting that his reenlistment code be changed.
2. The Board, consisting of Messrs Boyd, Chapman and Clemmons,
reviewed Petitioner's allegations of error and injustice on 2
February 2011 and, pursuant to its regulations, determined that the
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 Marine Corps on 30 June 2003. From
the time of his initial enlistment until the early part of February
Petitioner served ina satisfactory manner earning proficiency marks
averaging 4.1, conduct marks averaging 4.2 and was eventually
promoted to lance corporal (LCPL). A review of his disciplinary
record shows no civilian or military infractions warranting
court-martial proceedings or nonjudicial punishment.
d. On 6 February 2004 Petitioner was hospitalized due to a fall
from a third floor window of his barracks. Since his command
suspected that Petitioner jumped rather than fell he was referred
for psychiatric evaluation. Petitioner was evaluated by two
different Navy psychiatrists on two separate occasions. Both found
Petitioner had a personality disorder warranting separation from the
Marine Corps. Neither psychiatrist found any suicidal or homicidal
ideation.
e. In June 2004 Petitioner was told that based upon the diagnoses
and recommendations of the two Navy psychiatrists his commanding
officer intended to administratively separate Petitioner from the
Marine Corps with a general discharge and an RE-4 reenlistment code.
At this point it is important to keep in mind that Marines discharged
due to a personality disorder are normally assigned an RE-3P
reenlistment code which is the most favorable code under Marine Corps
regulations. However an RE-4 1s authorized when certain aggravating
features are present such as suicidal or homicidal ideations. After
being informed of his commanding officer's intentions Petitioner
indicated in writing that he had no objections to this course of
action. Consequently on 29 July 2004 Petitioner received a general
discharge and an RE-4 reenlistment code.
f. In February 2009 Petitioner applied to the Performance
Evaluation Review Branch (PERB) of Headquarters Marine Corps seeking
a change of his reenlistment code. In support of his application
Petitioner attached among other items an evaluation conducted by a
Clinical psychologist on 24 January 2009 that found no evidence of
a personality disorder or other mental illness. After a thorough
review of this matter PERB concluded that the evaluation conducted
by the clinical psychologist which took place nearly four and one
half years after Petitioner's discharge and when he was no longer
under the stress and pressures of military life did not demonstrate
that the diagnoses rendered by the two Navy psychiatrists in 2004
were invalid. Although PERB found that Petitioner was properly
separated due to a validly diagnosed personality disorder it
concluded that his reenlistment code should be upgraded from RE-4
to RE-3P due to the lack of any aggravating features warranting an
RE-4. A copy of the letter informing Petitioner of PERB’s decision
is attached at enclosure (2).
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concurs with PERB’s findings that Petitioner was properly discharged
due to a diagnosed personality disorder. The Board is also in full
agreement with PERB that changing Petitioner's RE-4 reenlistment to
RE-3P is warranted. The Board would also like to point out that an
RE-3P reenlistment code can be waived by the Commandant of the Marine
Corps while the far more restrictive RE-4 can only be waived by the
Secretary of the Navy or an official designated by him to take such
action.
Turning its attention to the type of discharge awarded to Petitioner
the Board concludes that the interests of justice would be better
served by upgrading Petitioner's general discharge to tully
honorable. The Board bases this remedial action on Petitioner’s
clean disciplinary record, promotion to LCPL and the fact that his
proficiency and conduct marks were high enough to warrant an
honorable discharge under normal circumstances.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on 29
July 2004 he was issued a fully honorable discharge in lieu of the
general discharge originally issued on that date.
b. That Petitioner's request to change his RE-3P reenlistment code
be denied.
c. That upon request, the Department of Veterans’ Affairs be
informed that Petitioner’s application was received by the Board on
12 November 2010.
d. That a copy of this Report of Proceedings be filed in 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. ALMAN 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 Regulations, Section 723.6[e]), and having
assured compliance with its provisions, it is hereby announced that
the foregoing corrective action, taken under the provisions of
reference (a), has been approved by the Board on behalf of the
Secretary of the Navy.
Ly)
W. DEAN P F
Executive Di
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