DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No:
23 October
3352-01
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 16 October 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 18 July
June 2000 at age 18.
You enlisted in the Navy on 29
You told
personality disorder.
2000 you were diagnosed with a
thinking about hanging yourself
the psychologist that you were
were not separated from the Navy.
or slashing your wrists if you
You were recommended for an administrative discharge because the
personality disorder affected your potential performance in the
Navy.
On 20 July 2000 you were notified of separation processing based
In connection with this
on the diagnosed personality disorder.
On 24
processing, you elected to waive your procedural rights.
July 2000 the separation authority directed an entry level
separation and the assignment of an RR-4 reenlistment code, and
you were separated on 27 July 2000.
You state in your application that you
ideation in order to gain separation from the Navy.
regret your actions and desire to reenlist.
that it is well settled in the law that an individual who
perpetrates a fraud in order to be separated should not benefit
In addition, the Board
from that fraud when it is discovered.
lied about your suicidal
You now
The Board is aware
can not tell from the record if you were lying then or are lying
now.
on the diagnosed personality disorder.
The Board concluded that you were properly separated based
Regulations allow for the assignment of an RE-4 reenlistment code
in cases such as yours, and such a code is normally assigned when
an individual is separated based on a diagnosed personality
disorder and there is a risk of self harm, as in your case.
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.
votes of the members of the panel will be furnished upon request.
The names -and
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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