DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 07913-12
17 October 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: fay 106 U.8.8. Labs
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 narrative reason for separation
“condition, not a disability” and “RE-3G" (condition (not a
physical disability) interfering with performance of duty)
reentry code be changed. By implication, he requested that his
Separation Program Designator (SPD) code be changed from “HFV”
(condition, not a disability) to “JFF"” (Secretarial Authority).
Additionally, he requested a waiver of recoupment of his
Selective Reenlistment Bonus (SRB) that the Defense Finance and
Accounting Service is recouping.
2. The Board, consisting of Messrs. Ivins and Hotopp and Ms.
Henkel, reviewed Petitioner's allegations of error and injustice
on 10 October 2012 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. Petitioner enlisted in the Navy and began a period of
active Guty on 21 September 2001. On 31 January 2011, he was
disqualified from submarine duty due to being diagnosed with a
major depressive disorder, which was treated with psychotropic
medication. On 18 May 2010, medical personnel submitted a
recommendation that he be disqualified from the submarine nuclear
field duty. That recommendation was forwarded and the Commander,
Navy Personnel Command (PERS-403) directed his submariner
disqualification, effective 31 January 2011. At that time he was
forced into a rate conversion. On 9 May 2011, his request for a
rate conversion was disapproved and he was recommended for
separation. Subsequently, he was notified of the proposed action
for an administrative separation due to the diagnosed major
depressive disorder. He waived his rights to consult counsel,
submit a statement or have his case heard by an administrative
discharge board (ADB). On 30 June 2011, his commanding officer
directed his separation. He was honorably discharged on 30 June
2011 and assigned an RE-3G reentry code.
f. Separation by reason of 4 diagnosed disorder is not a
condition, as defined by the Diagnostic and Statistical Manual
(DSM) and Navy directives. Petitioner's diagnosed “major
depressive disorder”, according to the DSM, is not a condition
but a disorder. His DD Form 214 should show that he was
discharged by reason of “Secretarial Authority”, issued 4 “JFF"
SPD code, and assigned an RE-1 reentry code.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
Although Petitioner was diagnosed with a major depressive
disorder, the DD Form 214 erroneously states that he was
separated by reason of a “condition, not a disability”.
Consequently, the narrative reason for separation on it should be
changed to “Secretarial Authority", SPD code to “JFF" vice “HFV"
and he be assigned an “RE-1” reentry code vice “RE-3G”. If he
wishes to reenlist, re-affiliate, or be reinstated in the Navy,
he should contact the Navy Recruiting Command via his nearest
recruiting facility.
The Board is unwilling to stop the recoupment of his SRB in light
of his inability to complete his reenlistment in the nuclear
field. In this regard, it is recommended that he have the
effective date of recoupment verified with PERS-403.
Additionally, the Board found that he has not exhausted all of
his administrative remedies of submitting an SRB waiver request
to the Commander Navy Personnel Command (NPC), Navy Support 7
Facility, 701 South Courthouse Road, Room 3R180, Attn: Ms. MOR
Pitter, Arlington, VA 22204. -
In view of the foregoing, the Board finds the existence of an
injustice warranting the following limited corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 30 June 2011, he was discharged by reason of “Secretarial
Authority”, issued a “JFF” SPD code, and assigned an “RE-1”
reentry code. Finally, it is recommended that he submit a
written request to PERS-403 to verify the effective date he was
disqualified from submarine nuclear duty before submitting an SRB
waiver through NPC.
b. That no further relief be granted.
c. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
dad. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on 26 July
20412.
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 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.
cme. aa
W. DEAN PFEIFFER
Executive Director
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