D E P A R T M E N T O F T H E NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
ELP
Docket No. 7315-01
15 March 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.
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session, considered your application on
13 March 2002. 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.
You enlisted in the Navy on 8 August 1994 for four years at age
18. At that time, you extended your enlistment for an additional
period of 12 months in exchange for HN "A" School. You reported
to the medical treatment facility on board USNS MERCY for duty in
December 1996 and performed your duties in a satisfactory manner.
On 4 August 1997, you were authorized to assume the title and
wear the uniform of an HM3 (E-4) until your advancement became
effective. On 6 August 1997 you and your twin sister sought
psychiatric counseling due to "not being able to cope with Navy
life", specifically, for lack of respect for individuals and an
expressed desire to be discharged. You reported to the examining
psychologist that you had an abused childhood and learned to be
violent. You claimed you had an increasingly difficult time
maintaining control with increased stress and were learning to
act out violently, either to yourself or others. You reported
suicidal ideation and violent feelings and becoming increasingly
dysfunctional and unhappy.
The examining psychologist noted that an additional factor for
consideration was that you and your sister survived together
through an abusive and dysfunctional childhood, and became
unusually close and strongly bonded together for survival.
Psychological testing showed a valid, clinically elevated profile
suggestive of a serious disorder, persecutory ideation with
social alienation, schizoid characteristics, depression, and
deviant thought content. The conditions were considered deep
seated and chronic and you were diagnosed with a bipolar disorder
and a schizotypal personality disorder. You were considered a
potential threat to harm yourself or others if stressors
overloaded your thus-far successful, but limited defenses.
Administrative separation was recommended.
On 11 August 1997 you were notified that separation action was
being initiated by reason of convenience of the government as
evidenced by the diagnosed personality disorder. You were
advised of your procedural rights, declined to consult with legal
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. On 15 August 1997, the officer-in-charge
recommended separation under honorable conditions and noted that
previous performance and medical evaluations showed no indication
of any psychological episodes and you appeared to be in good
health. However, after a homeport change, you sought psychiatric
counseling. Thereafter, the discharge authority directed an
honorable discharge by reason of personality disorder. You were
so discharged on 12 September 1997.
Regulations authorize the assignment of an RE-4 reenlistment code
to individuals separated by reason of a diagnosed personality
disorder. You have provided no medical evidence refuting the
Navy's diagnosis of a personality disorder. Absent such
evidence, the Board concluded that the reason for discharge and
separation code were appropriate. The Board noted that the Navy
views individuals who may be suicidal or have a tendency toward
violence with serious concern, and assignment of an RE-4
reenlistment code is justified since such individuals pose a
potential risk to harm themselves or others if retained. The
Board thus concluded that the reenlistment code was proper and no
change is warranted. 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
m a t e r i a l e v i d e n c e o r o t h e r m a t t e r n o t p r e v i o u s l y c o n s i d e r e d by
t h e B o a r d . I n t h i s r e g a r d , i t i s i m p o r t a n t t o k e e p i n m i n d t h a t a
p r e s u m p t i o n of r e g u l a r i t y a t t a c h e s t o a l l o f f i c i a l records.
C o n s e q u e n t l y , when a p p l y i n g f o r a c o r r e c t i o n of a n o f f i c i a l n a v a l
record, t h e b u r d e n i s o n t h e a p p l i c a n t t o d e m o n s t r a t e t h e
e x i s t e n c e of probable m a t e r i a l error o r i n j u s t i c e .
S i n c e r e l y ,
W . DEAN PFEIFFER
E x e c u t i v e D i r e c t o r
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