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 20370-5100
TRG
Docket No: 84-02
13 March 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 12 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 16 November 1986 at age 18. You
successfully completed initial training and were transferred for
sea duty. On 24 September 1988 you were diagnosed with a
personality disorder and recommended for administrative
discharge. The psychologist stated in his evaluation, in part,
as follows:
... (His) personality disorder is so severe as to
render him incapable of serving adequately in the Navy,
i.e. he states that he will attempt suicide rather than
go on board his ship and he has a history of impulsive
antisocial behavior, including his latest suicidal
gesture. ... I view (him) as being self-destructive and
a continuing danger to himself as long as the threat of
having to board a ship for duty hangs over him.
Based on the diagnosed personality disorder, you were processed
for an administrative discharge. In connection with this
processing, you stated "1 do not object to this discharge."
Subsequently, the discharge authority directed an honorable
discharge and you were so discharged on 21 November 1988.
You state in your application, in effect, that you were very
immature, and were upset about not getting the training you
wanted and your marital problems. Subsequently, you lied about
wanting to harm yourself in order to gain discharge. You claim
to have matured and have submitted character references showing
that you are a solid citizen and a good employee. You desire a
change in the reason for your discharge and reenlistment code so
that you can enlist in the Arizona Air National Guard.
Regulations allow for the assignment of an RE-4 reenlistment code
when an individual is discharged based on a diagnosed personality
disorder and such a code is normally assigned when it is
determined that an individual is at risk to harm himself or
others. However, you state that you lied to gain discharge. It
is well settled in the law that an individual who perpetrates a
fraud in order to gain discharge should not benefit from that
fraud when it is discovered. The Board concluded that if your
statements to the psychologist were true you were properly
discharged by reason of the diagnosed personality disorder with
the RE-4 reenlistment code. The Board further concluded that if
you committed a fraud in order to be discharged that a change in
the reason for your discharge and reenlistment code is not
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 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 PFEIFFZR
Executive Director
NAVY | BCNR | CY2002 | 00532-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 15 May 2002. 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. Regulations authorize the assignment of an RE-4 reenlistment code to individuals separated by reason of a diagnosed personality disorder.
NAVY | BCNR | CY2001 | 07315-01
Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Regulations authorize the assignment of an RE-4 reenlistment code to individuals separated by reason of a diagnosed personality disorder. Absent such evidence, the Board concluded that the reason for discharge and separation code were appropriate.
NAVY | BCNR | CY2002 | 00514-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 8 May 2002. You were so discharged on 24 April 2000. Reglations authorize the assignment of an RE-4 reenlistment code to individual separated by reason erroneous enlistment.
NAVY | BCNR | CY2001 | 03352-01
On 20 July 2000 you were notified of separation processing based In connection with this on the diagnosed personality disorder. You state in your application that you ideation in order to gain separation from the Navy. 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.
NAVY | BCNR | CY2001 | 07314-01
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. You enlisted in the Navy on 3 August 1994 for four years at age 18.
NAVY | BCNR | CY2002 | 00430-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 8 May 2002. 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. You claimed recurrent suicidal ideation since arriving at recruit training and stabbed yourself because "Nobody would listen to me...now they are listening."
NAVY | BCNR | CY2001 | 07879-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. You enlisted in the Navy on 9 June 1999 at age 17. 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.
NAVY | BCNR | CY2002 | 10471-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2003. Applicable regulations authorize the assignment of an RE-4 reenlistment code when an individual is discharged due to a personality disorder. The Board did not consider whether the characterization of service or reason for your separation should be changed, since you did not ask for such consideration and you have not exhausted your administrative...
NAVY | BCNR | CY2001 | 03288-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were so separated on 4 On 1 November 1999 you were processed for an In connection with this processing, You state in your application that you had personal problems and lied to the psychologist about your preservice...
NAVY | BCNR | CY2001 | 08335-01
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to this Board requesting, in effect, changes in his reason for separation and reenlistment code. In support of that request, he submitted the 1999 psychological assessment. However, in 1995, while in the navy, Petitioner's records do support the in-service diagnosis of personality disorder for the reasons noted above.