DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

							
							SMW
							5837-07
25 February 2008

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

Subj:

Ref:	10 U.S.C.

          Encl:	

	.~     

1.      former enlisted member of the  to this Board requesting a change in his RE~4 reenlistment code and reason for separation (Personality Disorder)

2 The Board, consisting of Mr Mr and Mr reviewed Petitioners allegations of error and injustice on 21 February 2008, and pursuant to its regulations, determined that the limited corrective action indicated below should be taken on the anal. Table evidence of record - Documentary material considered by the Board consisted s naval records, and applicable statutes, regulations and policies.

3.	The Board, having reviewed all the facts of record pertaining to Petitioners 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 the Petitioner’s application 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.	On 12 January 2000, Petitioner enlisted in the Marine Corps Reserve at age 19. During the period 31 January to 28 July 2000, he completed his initial active duty for training. During the period 2 October 2000 to 29 March 2001, he served on a period of active duty.

d.	On 9 September 2001, a psychiatric evaluation stated that Petitioner had suicidal ideation and diagnosed him as having dysthymia. The evaluation concluded by finding him unfit for duty.

e.	On 7 September 2002, Petitioner’s commanding officer initiated 
administrative separation by reason of convenience of the government due to a personality disorder, and recommended an honorable characterization of service. In connection with this processing, Petitioner acknowledged the separation action. On 16 March 2003, the separation authority approved the discharge recommendation and directed an honorable discharge by reason of convenience of the government due to a personality disorder. On 16 March 2003, he was so discharged and assigned an RE-4 reenlistment code.

f.	In his application, Petitioner states that he was not diagnosed as having a personality disorder and that he did have a temporary non-debilitating depression. He further states that the reason for discharge is preventing him from employment opportunities and adoption of his step-daughter. He further states that the RE-4 reenlistment code is preventing him from reenlisting.

g.	Regulations authorize administrative separation of individuals who are found unfit for duty by reason of convenience of the government due to a condition not a disability, which includes individuals found unfit for duty as a result of being diagnosed as having dysthymia.

B.	Regulations also authorize assignment of an RE-4 reenlistment code to individuals who are not recommended for reenlistment or considered a threat to harm themselves or others if retained.

i.	Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps, regarding assignment of the RE-4 reenlistment code, which states, in part, as follows:

[Petitioner’s] service record has been reviewed and it has been determined that at the time of separation he was assigned a reenlistment code of RE-4, which means that he was not recommended for reenlistment. The reenlistment code was correctly assigned and was based on his overall record.

This Headquarters concurs in the professional evaluation of [Petitioner’s] qualifications for reenlistment at the time of separation.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. In this regard, Petitioner’s separation was not processed in accordance with regulations. The record shows that

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Petitioner was found unfit for duty as a result of being diagnosed as having dysthymia, which is not a personality disorder. Therefore, Petitioner should have been administratively separated by reason of convenience of the government due to a condition not a disability. Regarding the reenlistment code, given Petitioner’s suicidal ideation that was documented during his psychiatric evaluation, the Board concurs with the advisory opinion regarding assignment of the RE-4 reenlistment code. Accordingly, the record should be partially corrected to show that he was honorably discharged by reason of convenience of the government due to a condition not a disability.

RECONNENDAT ION:

a.	That Petitioner’s naval record be corrected to show that he was honorably discharged 16 March 2003, by reason of convenience of the government due to a condition not a disability, vice a personality disorder.

b.	That no further relief be granted.

c.	That this Report of Proceedings be filed in Petitioner’s naval record so that all future reviewers will understand the reason for the change in his 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	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 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.

	W. DEAN PFEIFFER
        Executive Director

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