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NAVY | BCNR | CY2005 | 04637-05
Original file (04637-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                      TRG
          Docket No: 4637-05
        3 March 2006




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 28 February 2006. 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 31 July 2001 at age 20. The record shows that you successfully completed initial training and reported to your first duty station. On 12 November 2002 you were admitted to the hospital for a psychiatric evaluation following a suicidal gesture and threats. You remained hospitalized until 21 November 2002. At that time, you were diagnosed as being alcohol dependent and as having a personality disorder with antisocial and narcissistic traits. Because you were considered a threat to harm yourself or others an expeditious administrative discharge was recommended.
Based on the recommendation, 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 by reason of personality disorder and you were so discharged on 16 December 2002. At that time, you were issued a Certificate of Release or Discharge from Active Duty (DD Form 214) with a narrative reason for separation of “personality disorder” and a corresponding separation code of “JFX”.

You contend in your application that the narrative reason and separation code on your DD Form 214 has led to employment discrimination and, in particular, has recently prevented you from being employed by the State of Florida. You believe that your medical confidentially is being violated and entering the narrative reason on your DD Form 214 is contrary to law.
Regulations established by the Department of Defense set forth the reasons for discharge and separation codes that may be entered on the DD Form 214. The narrative reason and separation code entered on your DD Form 214 are authorized by those regulations. Given the comments and recommendation contained in the psychiatric evaluation, the Board concluded that you were properly discharged based on the diagnosed personality disorder. Therefore, the Board found that the narrative reason and separation code were 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 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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