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NAVY | BCNR | CY2011 | 01820-11
Original file (01820-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 1820-11
96 April 2011

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

 
 

 

OF NAVAL RECORD ae
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149

(2) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting her naval record be corrected by
changing the reentry code she was assigned on 18 April 1995.

2. The Board, consisting of Messers. Pfeiffer, Ivins, and
Blanchard, reviewed Petitioner's allegations of error and
injustice on 30 March 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. Petitioner enlisted in the Navy Reserve and entered
active duty on 29 March 1995. On 18 April 1995 she received an
entry level separation by reason of a personality disorder,
however her actual diagnosis was panic disorder without
agoraphobia, rather than a personality disorder. She was
assigned a reentry code of RE-4.

c. Applicable directives authorize the assignment of
reentry codes of RE-3G or RE-4 to individuals discharged by
reason of a condition not a disability.
CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board notes that Petitioner’s record
contains no evidence that she was diagnosed with a personality
disorder in addition to the panic disorder. Therefore, the Board
concludes that the reason for her discharge should be changed to
a condition, not a disability.

The Board also concludes that an RE-3G reentry code should be
assigned since there is no evidence that Petitioner had any
performance or disciplinary infractions during her period of
service and her record does not otherwise support the more
stigmatizing code of RE-4.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that on
18 April 1995 she was issued an entry level separation for the
convenience of government by reason of a condition not a
disability and was assigned a reentry code of RE-3G.

b. That a copy of this Report of Proceedings be filed in his
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.

ROBERT D. ZSALMAN is ES RF. NICIOS

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
authority of reference (a), has been approved by the Board on

behalf of the Secretary of the Navy.

W. DEAN PFEIFFER

Executive Dir Oo

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