DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 562-05
20 October 2005
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 Naval Records,
sitting in executive session, considered your application on 12 October
2005. 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 the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You enlisted in the Navy on 4 November 2004 at age 19. Shortly
thereafter, you were diagnosed with an adjustment disorder, personality
disorder, and alcohol abuse, which existed prior to your enlistment. The
medical report stated in part, as follows:
Assessment: borderline personality disorder - pattern of unstable
and intense interpersonal relationships, unstable self-image,
impulsivity - potentially self-damaging, recurrent suicidal
behavior, affective instability, chronic feelings of emptiness,
inappropriate anger; diagnosed: adjustment disorder, alcohol abuse
(existed prior to enlistment (EPTE)); borderline personality
disorder; recommend: entry level separation (ELS) due to
disqualifying psychiatric condition affecting potential for
performance.
As a result of the foregoing you were recommended for an administrative
separation. At that time you were not recommended for reenlistment.
On 14 December 2004 you were notified of pending administrative separation
action by reason of defective, erroneous, and fraudulent entry and
convenience of the government due to a physical and/or mental condition as
evidenced by the diagnosed personality and adjustment disorders and alcohol
abuse. You waived your right to consult with legal counsel and did not
object to the separation. On 17 December 2004 the discharge authority
directed an uncharacterized entry level separation by reason of fraudulent
entry due to alcohol abuse. On 22 December 2004 you were so separated from
the Navy, and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and
assertion that you no longer suffer from alcohol abuse or have an
adjustment or personality disorder and would like your reenlistment code
changed so that you may reenlist. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change of reenlistment code due to
the diagnosed alcohol abuse and adjustment and personality disorders. An
uncharacterized entry level separation is routinely assigned when an
individual is separated within the first 180 days of active service. An RE-
4 reenlistment code is required when a Sailor is separated by reason of
fraudulent entry due to a disqualifying condition which affects performance
potential. Accordingly, your application has been denied.
You should submit the attached Application for the Review of Discharge or
Dismissal from the Armed Forces of the United States (DD Form 293) to the
Naval Council of Personnel Boards, attention: Naval Discharge Review Board,
Building 36, Fourth Floor, Washington Navy Yard, 901 14 Street, S. E.,
Washington, DC 20374-5023 for consideration of a change in your narrative
reason for discharge.
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.
2
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,
Enclosure
3
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