DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY
I\NNEX
WASHINGTON DC 20370.510
0
TJR
Docket No: 2936-01
19 October 2001
Dear.
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 16 October 2001.
injustice were reviewed in accordance with administrative
regulations and procedures
applic:able 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.
Your allegations of error and
After careful and conscientious
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
c:onsideration of the entire
The Board found you enlisted in the Navy on 14 November 1994 at
the age of 18.
Your record reflects that on 19 June 1995, after undergoing a
psychiatric examination, you were diagnosed with a personality
disorder with predominant narcissistic and antisocial features,
sleepwalking, and poly-substance abuse.
recommended for an administrative separation.
you were notified of pending administrative separation action by
reason of convenience of the government due to the diagnosed
personality disorder, sleepwalking,
to pre-service poly-substance abuse.
your rights to consult with legal counsel and to submit a
statement of rebuttal to the discharge.
commanding officer recommended an other than honorable discharge
by reason of convenience of the government due to the diagnosed
personality disorder and defective enlistment due to fraudulent
entry.
However, on 17 November 1995, the discharge authority
directed a general discharge by reason of fraudulent entry.
December 1995 you were so discharged and assigned an RE-4
reenlistment code.
At this time you waived
On 31 October 1995 your
On 6
You were also
On 10 October 1995
and fraudulent enlistment due
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
and your contention that there is no
your youth and immaturity,
evidence in your record to support your characterization of
service, narrative reason for separation, or the assigned RE-4
reenlistment code.
However, the Board concluded these factors
and contention were not sufficient to warrant a change in the
characterization of your service, narrative reason for
separation, or reenlistment code because of your fraudulent
enlistment which is supported by your failure to disclose
service drug use.
The Board noted that a general discharge is
authorized and normally issued to individuals who are separated
due to fraudulent enlistment.
by reason of fraudulent entry must receive an RE-4 reenlistment
code.
concluded your discharge, narrative reason for separation, and
reenlistment code were proper and no change is warranted.
Accordingly, your application has been denied.
Given all the circumstances of your case, the Board
pre-
Finally, an individual separated
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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