DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 4634-14
29 May 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF i Se, USN,
Ref ; (a) 10 U.S.C. 1859
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 RE-4 reentry code, issued on
17 February 2004, be changed.
2. The Board, consisting of
iii: reviewed Petitioner's allegations of error and
injustice on 28 April 2015, 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. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy and began a period of
active duty on 4 August 2003. The record reflects that he
served without disciplinary action.
EGA
Docket No: 4634-14
ad. On 9 January 2004, Petitioner was diagnosed with a major
depressive “adjustment disorder” with mixed anxiety and
depressed moods, and recommended for an administrative
separation.
e. Subsequently, Petitioner was erroneously processed for
separation due to a diagnosed “personality disorder” and
assigned an RE-4 reenlistment code. In this regard, on
17 February 2004, he was issued a Certificate of Release of
Discharge from Active Duty (DD Form 214) which reflected an
honorable characterization of service by reason of convenience
of the government - personality disorder, and an RE-4
reenlistment code.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the clinical provider’s letter, the Board
concludes that Petitioner’s request warrants favorable action.
The Board initially noted that Petitioner’s record erroneously
reflect a diagnosis of a “personality disorder” as his reason
for separation, when in fact, he was diagnosed with an
“adjustment disorder.” With that being said, the Board noted
that if a Sailor was diagnosed with an adjustment disorder and
that the erroneous narrative reason for separation should be
change to “Secretarial Authority” because his/her situation was
not covered at the time of separation. The Board believed that
Petitioner’s nonrecommendation for reenlistment may have been
directly related to the diagnosed “personality disorder”
especially since he was not the subjéct of any disciplinary
infractions. Nevertheless, upon further review and Petitioner’s
post service medical treatment for PTSD, the Board concluded
that the RE-4 reenlistment code should now be changed to a more
appropriate code, specifically changed to RE-3P, to coincide
with the actual reason for separation.
In view of the foregoing, the Board finds the existence of an
error and injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 17 February 2004, he received an honorable discharge by
EGA
Docket No: 4634-14
reason of secretarial authority and assigned an “RE-3pP” reEnkry
code. It is further directed that Petitioner be issued a new
Certificate of Release or Discharge from Active Duty (DD Form
214) which reflects the foregoing corrections.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 5 March 2014.
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.
Ts wy RE]
Recorder
tt
oO
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.
ROBERT J. O’NEILL
Executive director
NAVY | BCNR | CY2014 | NR988 14
EGA Docket No: 0988-14 23 March 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ry osu, XXX-XX- Ref: (a) 10 U.S.C. The Board, consisting of Mr. O'Neill, Ms. McCain, and Mr. Ruskin, reviewed Petitioner's allegations of error and injustice on 12 February 2015, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Pursuant to the...
NAVY | BCNR | CY2009 | 06570-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 6570-09 2 June 2010 From: Chairman, Board for Correction of Naval Records To Secretary of the Navy Subj REVIEW NAVAL RECORD OF Ref (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed. Further, reference (b) does not specifically authorize...
NAVY | BCNR | CY2008 | 03502-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 3502-08 19 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD 0 5,
NAVY | BCNR | CY2013 | NR2947 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7015. 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. 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”.
NAVY | BCNR | CY2002 | 06321-01
Petitioner was so discharged on 17 February 1993 and assigned an RE-4 reenlistment code. That Petitioner's naval record be corrected by changing the RE-4 reenlistment code, 3E. 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.
NAVY | BCNR | CY2001 | 07261-01
DEPARTMENT OF THE NAVY B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S 2 N A V Y A N N E X W A S H I N G T O N OC 2 0 3 7 0 - 5 1 0 0 TJR Docket No: 7261-01 5 April 2002 From: To : Chairman, Board for Correction of Naval Records Secretary of the Navy Sub j : REVIEW OF NAVAL OF RECORD Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting that his...
NAVY | BCNR | CY2006 | 02864-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100TJRDocket No: 2864-06 17 October 2006From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL OF RECORDSRef: (a) 10 U.S.C. Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.2 The Board, consisting of Messrs and reviewed...
NAVY | BCNR | CY2014 | NR5636 14
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his RE-4 reentry code, issued on 14 March 2014, be changed. Although his medical records were not available for review, enough evidence existed to show that he was diagnosed with a medical condition interfering EGA Docket No: 5636-14 with the performance of his duties and that he was recommended for administrative separation due to a condition...
NAVY | BCNR | CY2001 | 04473-01
That Petitioner's naval record be corrected by changing the RE-4 reenlistment code, assigned on 7 December 1999, to RE-3E. That a copy of the Report of Proceedings be filed in Petitioner's naval record. (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), Board on...
NAVY | BCNR | CY1999 | 01904-99
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, applied to this Board requesting, in effect, that her reenlistment code be changed. f. On 15 March 1994, Petitioner was notified than an entry level separation was being considered by reason of convenience of the government due to a severe adjustment disorder. That Petitioner's naval record be corrected to show that she was received an uncharacterized entry level separation on 23...