DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

JRE
Docket No. 11138-06
20 March 2007

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
(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 that he was assigned a more favorable reentry code than RE-4.

2.	The Board, consisting of Messrs. and ~ reviewed Petitioner’s allegations of error and injustice on 8 February 2007, and pursuant to its regulations, determined that the partial 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 served on active duty in the Marine Corps from 22 May 2000 to 14 May 2004, when he was discharged by reason of a personality disorder, and assigned a reentry code of RE-4. He was given a diagnosis of a personality disorder, not otherwise specified, on 30 March 2004. The specific basis for that diagnosis is not shown in available records. Petitioner contends that he was depressed at that time, He submits a report of psychiatric evaluation dated 11 December 2006, which indicates that he had no psychiatric symptomatology when evaluated on that date, and that no signs or symptoms of emotional distress were noted or reported. The mental health professional who evaluated him entered “No Diagnosis” on axis I, clinical disorders, and “Diagnosis deferred” on axis II, Personality Disorders.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner has failed to submit sufficient relevant evidence to demonstrate that he did not suffer from a personality disorder, or that he was discharged erroneously because of that condition. Notwithstanding the foregoing, the Board notes that as he performed his duties well for a period of almost four years, and in light of the contents of the psychiatric evaluation he underwent on 11 December 2006, it woud be in the interest of justice, as an exception to policy, to correct his record to show that he was assigned a reentry code of
RE-3C.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected to show that on 14 May 2004, as an exception to policy, he was assigned a reentry code of RE-3C.

b.	That so much of his request for correction of his naval record as exceeds the foregoing be denied.

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

4. 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	JAMES E. EXNICIOS
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.