DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 
				       
					JRE
Docket No. 09014-03
2 August 2004

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

Subj:	FORMER
REVIEW OF NAVAL RECORD

Ref:	(a) 10 U.S.C. 1552

End:	(1) DD Form 149 w/attachments
(2)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he received a more favorable reentry code that RE-4.

2.	The Board consist of Messrs. and reviewed Petitioners allegations of error and
injustice on 22 July 2004, and pursuant to its regulations, determined that the correction indicated below should be     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 initially enlisted in the Navy on 3 January 1984. He was promoted to grade E-6 effective 16 August 1997. He was seen by mental health providers on several occasions, and found to be suffering from adjustment and anxiety disorders. Although he was considered to have obsessive-compulsive traits, the available records do not indicate that he was suffering from a personality disorder. As Petitioner felt that he could not continue to serve in the Navy, he requested that he be discharged. He was discharged from the Navy on 30 March 2000 for the convenience of the government, by reason of a personality disorder, and assigned a reenlistment code of RE-4. The report of his pre-separation physical examination indicates that he suffered from an anxiety disorder. The report does not reflect a diagnosis of a personality disorder.

CONCLUSION:

Although Petitioner’s discharge proceedings cannot be located, it appears that he was discharged on the basis of his obsessive-compulsive personality traits, which did not constitute a personality disorder. That conclusion is supported by the absence of any indication in his health record that he was diagnosed as suffering from a personality disorder. The Board concludes that a separation due to a condition (anxiety), not a disability, which with interfered with his performance of duty, would have been a more appropriate basis for his separation. Accordingly, the Board finds the existence of an injustice warranting the following corrective action.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected to show that he was discharged from the Navy on 30 March 2000 by reason of a condition, not a disability, interfering with his performance of duty, that he was assigned a separation program designator of JFV, and that he was assigned a reentry code of RE-3G.

b.	That a copy of this Report of Proceedings be filed in Petitioner’s naval record.

4. Pursuant to the revised Procedures of the Board for Correction of Naval Records, 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.

Recorder

5. Pursuant to the Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (delegation of
authority set out 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.