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NAVY | BCNR | CY2003 | 02175-03
Original file (02175-03.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                               FC
                                                                                          Docket No: 02175-03
                                                                                          25 August 2003




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 20 August 2003. 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.

The Board found that you enlisted in the Navy on 19 June 1997 at age 18. You served without incident until On 17 March 1999, when you received nonjudicial punishment (NJP) for a 58-day period of unauthorized absence, and were awarded a reduction to paygrade E2, forfeitures of pay, restriction, and extra duty. On 18 March
1999, you were counseled on your deficiencies in conduct and performance.

On 22 June 1999 you were diagnosed by a psychiatrist with a narcissistic personality disorder. A reevaluation report noted difficulties in managing anger and emotions. Because the psychiastrist believed you would pose a risk to others if retained, you were recommended for administrative separation.

On 2 July 1999, you were advised of administrative separation processing and waived all your procedural rights, except the right to obtain copies of documents forwarded to the separation authority supporting the basis for the proposed separation. On 2 20 July 1999 the separation authority approved your separation and on 20 August 1999 you were discharged with a general characterization of service by reason of the diagnosed personality disorder. At that time, you were assigned a reenlistment code of RE-4.









Applicable regulations authorize the assignment of an RE-4 reenlistment code when an individual is discharged due to a personality disorder. Given the diagnosed personality disorder and the opinion of the attending medical professional that you posed a threat to others if retained, the Board concluded that the RE-4 reenlistment code was properly and appropriately assigned. Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request.

The Board did not consider whether the characterization of service or reason for separation should be changed since you did not request such action and you have not exhausted your administrative remedies by applying to the Naval Discharge and Review Board (NDRB). Enclosed is a DD Form 293 that you may use to apply to NDRB.

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





Enclosure

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