DEPARTMENT OF THE 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
TRG
Docket No: 8037-01
10 April 2002
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 2 April 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 Naval Reserve on 28 May 1996 and reported for
four years of active duty on 14 January 1997. On 9 September
1997, the commanding officer of a Naval hospital reported that
you had been diagnosed with a dependent personality disorder and
stated, in part, as follows:
.... Expeditious administrative separation is
recommended. She most likely will become an increasing
administrative burden to her command with deteriorating
performance, conduct, reliability and judgment. Due to
the member's severe personality disorder, she poses a
serious threat to the safety and well- being of herself
or others which renders her incompatible with military
service. . . . .
Based on the diagnosed personality disorder, you were processed
for an administrative discharge. In connection with this
processing, you elected to waive your procedural rights. After
review, the discharge authority directed an honorable discharge
and you were so discharged on 27 October 1997. At that time, you
were not recommended for reenlistment and were assigned an RE-4
reenlistment code.
You contend that you should have been assigned an RE-3G
reenlistment code, because you have a condition (not a physical
disability) interfering with performance of duty". However,
regulations allow for the assignment of an RE-4 reenlistment code
when an individual is discharged due to a diagnosed personality
disorder, and such a code is normally assigned when an individual
is at risk to harm herself or others. Since you have been
treated no differently than others discharged 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. 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
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