D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 2791-99
1 September 1999
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 31 August 1999. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 25 November 1997
at age 18. On 15 December 1997 you were diagnosed as having a
dependent personality disorder and an adjustment disorder with
anxiety. In his evaluation, the psychologist stated that you
were a potential danger to yourself or others if you were
retained in the Navy.
Based on the diagnoses you were processed for an administrative
separation. In connection with this processing, you elected to
waive your procedural rights. Subsequently, the separation
authority directed an entry level separation. You were so
separated on 23 December 1997. At that time you were not
recommended for reenlistment and were assigned an RE-4
reenlistment code.
Regulations allow for the assignment of an RE-4 reenlistment code
when an individual is separated due to a diagnosed personality
disorder and such a code is normally assigned when there is a
finding that an individual is a risk to harm herself or others.
Since you have been treated no differently than others in your
situation, the Board could not find an error or injustice in the
assignment of the RE-4 reenlistment code.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
I n this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W . DEAN P F E I F F E R
Executive Director
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Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Regulations authorize the assignment of an RE-4 reenlistment code to individuals separated by reason of a diagnosed personality disorder. Absent such evidence, the Board concluded that the reason for discharge and separation code were appropriate.
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