DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 4538-01
13 December 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 12 December 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 28 March 1996 at
age 18.
On 16 October 1996 you received nonjudicial punishment
for an unauthorized absence of 27 days.
evaluation,
conducted on 4 November 1996, found that you had a
personality disorder.
statement to the effect that the only way out of the Navy was
suicide.
On 4 December 1996 the commanding officer recommended that you be
separated with a general discharge by reason of the diagnosed
personality disorder.
When informed of the recommendation, you
elected to waive the right to submit a statement in response to
the proposed action.
After review by the discharge authority,
the recommendation for separation was approved and you received a
general discharge on 26 December 1996.
At that time you were
assigned a reenlistment code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
Further, the evaluation noted your
A psychiatric
It is well settled in the law that an
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge or
change the reason for discharge.
The Board noted that an RE-4 reenlistment code is authorized by
regulatory guidance and is often assigned to an individual
separated due to a diagnosed personality disorder, especially if
a servicemember is deemed to be a threat to himself or others.
The Board also noted your statement to the effect that you
feigned the symptoms of a personality disorder in order to get
out of the Navy.
individual who procures his discharge by fraud should not benefit
from the fraud when it is discovered.
The Board thus concluded
that there is no error or injustice in your 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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