DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

SIN
Docket No: 02947-13
10 April 2014

From: Chairman, Board.for Correction of Naval Records

To: 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
enlisted member of the Navy, filed enclosure (1) with this Board
requesting reinstatement into to the Navy, full back pay, and
advancement to paygrade E-7. In the alternative, that his

general characterization of service be upgraded to honorable,

RE-4 (not recommended for retention) reentry code be changed to RE-1,
and receive full involuntary separation pay. He also impliedly
requested that the separation authority “MILPERSMAN 1910-122",
narrative reason for separation (Personality Disorder), and separation
program designator (SPD) “JFX" (Personality Disorder), be changed in
order to receive any separation pay that he may be entitled.

2. The Board, consisting of Mr. Grover, Ms. Aldrich, and

Mr. Zsalman, reviewed Petitioner's allegations of error and injustice
on 8 April 2014 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
duty on 6 February 2001. On 26 September 2011, he was escorted to a
Naval Medical Center for evaluation after seeking assistance for
having suicidal thoughts, and diagnosed with an adjustment disorder
with mixed depression and anxiety. The report further stated, in
part, that he manifested a severe inability to adjust to the demands
of the Navy. At that time, it was recommended that he be
administratively separated from the service due to unsuitability.
Subsequently, Petitioner was notified of proposed action for an
administrative separation for the convenience of the government due to
the diagnosed adjustment disorder. After being afforded all of his
procedural rights, his commanding officer directed separation, and on
23 November 2011, he was separated with a general discharge and
assigned an RE-4 reentry code. However, the DD Form 214 issued to
Petitioner states that the narrative reason for separation was for a
“Personality Disorder", which is erroneous since there was no
diagnosis of a personality disorder. Separation by reason of a
diagnosed personality disorder is proper only it present, as defined
by the Diagnostic and Statistical Manual (DSM). A situational
adjustment reaction, according to the DSM, is not a personality
disorder. Petitioner's narrative reason of separation should havé
been for a condition, not a disability, as diagnosed on 26 September
2011. His SPD code should be “HFV”"” (Condition, Not a Disability) to
allow for any separation pay he may be entitled to. His
characterization of service should have been based on his individual
conduct averages computed from marks assigned on a periodic basis.

His overall conduct average was 3.9. At the time of his service, an
average of 2.5 was required for a fully honorable characterization of
service. Additionally, he should have be assigned an RE-3G
(Condition, Not a Disability) reentry code vice the RE-4, which is the
most favorable based on his circumstances. The RE-3G reentry code may
net prohibit reenlistment, but requires that a waiver be obtained from
recruiting personnel who are responsible for reviewing the feasibility
of satisfying the Navy’s personnel manning goals by determining
whether or not an individual meets the standards for reenlistment. 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.

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 medically diagnosed with an adjustment
disorder, the DD Form 214 erroneously states that he was discharged by
reason of a “PERSONALITY DISORDER”. Consequentiy, the DD 214 should
be changed to reflect that the separation authority was “MILPERSMAN
1910-120", narrative reason for separation to “CONDITION, NOT A
DISABILITY”, SPD code to “HFV”, and reentry code to “RE-3G".

Finally, the Board notes that the separation authority should have
based his characterization of service on his overall conduct average,
which was high enough for an honorable characterization of service,
vice under honorable conditions. In view of the foregoing, the Board
finds the existence of an error and injustice warranting partial
favorable relief.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that on 23
November 2011, he was honorably discharged by reason of “CONDITION,
NOT A DISABILITY," vice “PERSONALITY DISORDER”, that the separation
authority was “MILPERSMAN 1910-120" vice “MILPERSMAN 1910-122", and
that his SPD code be changed to “HFV” vice “JFX". Further, it is
directed that he be issued a new Certificate of Release or Discharge
from Active Duty (DD Form 214), and that he be eligible to receive any

separation pay he was entitled to as a result of his original
discharge, or not be required to repay any separation pay he may have
received as a result of his original discharge. ~

b. That no further relief be granted.

c. That a copy of this report of proceedings be filed in
Petitioner’s naval record.

d. That, upon request, the Départment of Veterans Affairs be
informed that Petitioner's application was received by the Board on 12
March 2013.

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

S. 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

- ar.

ROBERT D. ZSALMAN
Acting Executive Director

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