DEPARTMENT OF THE !~tAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 400-01
17 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 15 May 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 13 January 1998 at age
19. The record shows that you satisfactorily completed initial training
and on 6 June 1998 you reported to your first duty station. On 23 June
1998, a psychologist noted that psychiatric testing and a clinical
assessment revealed the presence of a dysthymic disorder and a mixed
personality disorder with antisocial and narcissistic features. The
psychologist believed that you were a risk to harm yourself or others if
retained on active duty.
Based on the psychiatric evaluation, you were processed for an
administrative separation. In connection with this processing, you elected
to waive your procedural rights. On 10 July 1998 the commanding officer
directed an entry level separation and stated, in part, as follows:
... (She) has demonstrated difficulty in completing even minor tasks
without some degree of undue stress. A Navy mental health
examination has resulted in the attending Psychologist finding a
disorder of a nontemporary nature, that renders (her) a danger to
self
or others if retained on active duty
You received the entry level separation on 10 July 1998. 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 based on a diagnosed personality disorder, and such
a code is normally assigned when there is a finding that the individual
poses a risk for self harm or a risk to harm others. Since you have been
treated no differently than others separated for that reason, 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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