DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
ELP
Docket No. 6098-01
11 January 2002
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
9 January 2002.
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.
You enlisted in the Navy on 5 May 1999 for four years and
extended your enlistment for an additional period of 12 months
for the Enlistment Bonus Program.
The record reflects at the
time of your enlistment, you had been discharged from the Marine
Corps on 22 October 1998 after only 24 days of active service.
You described a history of sexual abuse,
On 7 June 1999 you were referred to the mental health unit due to
an inability to cope.
academic and legal difficulties,
You reported that six months earlier you were
substance abuse.
evaluated by a Navy Psychologist and recommended for separation
from the Marine Corps basic training due to failure to adapt.
You stated that you hated being alone and constantly feared that
you fiance would leave you.
personality disorder, not otherwise specified, with borderline
and dependent features.
The examining psychologist opined that
you were unsuitable for further training and would be a continued
risk for further problems if retained.
was recommended.
An entry level separation
and problems related to
You were diagnosed with a
On 9 June 1999 you were notified that separation action was being
initiated by reason of convenience of the government due to
defective enlistment and induction due to erroneous enlistment as
evidenced by the diagnosed personality disorder.
advised of your procedural rights,
counsel or submit a statement in your own behalf, and waived the
right to have your case reviewed by the general court-martial
convening authority.
directed an uncharacterized entry level separation by reason of
erroneous entry.
assigned an RE-4 reenlistment code.
You were so discharged on 17 June 1999 and
Thereafter, the discharge authority
declined to consult with legal
You were
Regulations authorize the assignment of an RE-4 reenlistment code
to individuals separated by reason of a diagnosed personality
Your contention to the effect that your recruiter
disorder.
promised that you would not have to go aboard ship and that you
would get about $327 a month for your new born son is neither
supported by the evidence of record nor by any evidence submitted
in support of your application.
Further, the Navy is not bound
by promises of a recruiter,
The
Board had difficulty in determining what your true statement is,
the one you are making now,
psychologist to extricate yourself from your enlistment.
have provided no evidence that the Navy's diagnosis of a
personality disorder was invalid or erroneous.
you had two opportunities to succeed,
and once in the Navy.
The Board believed that two failures to do
so provided sufficient justification to warrant the assignment of
an RE-4 reenlistment code.
reenlistment code was proper and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The Board thus concluded that the
except those made in writing.
or the one you made to a Navy
The names and
You
once in the Marine Corps
The Board noted
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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