DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 8063-00
27 May 2001
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 24 April 2001. 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 31 July 1995 after about
15 months of service in the Naval Reserve. On 12 January 1996 you were
diagnosed with a personality disorder. In a letter dated 19 January 1996,
the commanding officer of the medical clinic stated, in part, as follows:
The member is not considered mentally ill, but manifests a
longstanding character and behavior disorder which is of such
severity as to render the individual incapable of adequately serving
in the United States Navy. Although, the member is not presently
suicidal or homicidal, the member is judged to represent a
continuing risk to self, others, and government property if retained
in the Navy ...
Based on the diagnosed personality disorder, you were processed for an
administrative discharge. In connection with this processing, you elected
to waive your procedural rights. Subsequently, the discharge authority
directed an honorable discharge and you were so discharged on 9 February
1996. 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 discharged due to a diagnosed personality disorder, and such
a code is normally assigned when an individual is considered at risk to
harm himself 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. In 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 PFEIFFER
Executive Director
2
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