DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 6960-13
30 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj: SP ey
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 30 Jun 13 w/attachments
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, to change his reentry code of RE-4 (not recommended for
retention), which was issued on 9 April 2008.
2. The Board, consisting of Messrs. Bey, Boyd, and Zsalman,
reviewed allegations of error and injustice on 29 July 2014, and
pursuant to its regulations, determined that relief should be
granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner enlisted in the Navy and entered a period of
active duty on 8 December 2004. He received nonjudicial
punishment for assault. He was also diagnosed with a
personality disorder. He was then recommended for
administrative separation due to his diagnosed personality
disorder. His final performance evaluation noted that he failed
the fall 2007 Physical Fitness Assessment {PFA) and was not
recommended for retention. On 9 April 2008, he was discharged
with a general characterization of service due to a personality
disorder, and assigned an RE-4 reentry code.
- qd. The Naval Discharge Review Board (NDRB) changed
Petitioner’s narrative reason for separation from personality
disorder to Secretarial Authority and his characterization of
service from general to honorable. NDRB based its decision on
the rationale that his spouse was also diagnosed with a
personality disorder and believed that he did not assault her.
e. Petitioner could have been assigned a waivable reentry
code of RE-3G (condition (not physical disability) interfering
with performance of duties).
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board finds the existence of an injustice warranting a change of
Petitioner’s reentry code. The Board believes an RE-4 reentry
code is not appropriate in this case due NDRB’s change of his
narrative reason for separation and characterization of service.
However, the Board particularly notes that he was diagnosed with
a personality disorder, failed a PFA, and was not recommended
for retention. In view of the above, the Board directs the
following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 9 April 2008, he was issued an RE-3G reentry code vice the
RE-4 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 directed to be removed from
Petitioner’s naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s 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.
Qrveen Drorge
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 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. ,
nS Sa
ROBERT D. ZSALMAN
Acting Executive Director
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