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NAVY | BCNR | CY2005 | 07438-05
Original file (07438-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100
TJR
Docket No: 7438-05
11 May 2006









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 9 May 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 19 April 2001 at age 18 and served without disciplinary incident.

On 4 December 2001, after being referred for a psychiatric examination due to taking an overdose of Benadryl, you were diagnosed with major depression, an adjustment disorder with depressed mood, and a borderline personality disorder. The psychiatric report stated, in part, that you were unsuitable for military service. This report also stated that the disorders were sufficiently severe to significantly impair your ability to function effectively. At that time were recommended for an administrative separation. Shortly thereafter, on 11 December 2001, you were notified of pending administrative separation action by reason of unsuitability due to the diagnosed personality disorder and waived your right to submit a statement
in rebuttal to the separation. On 12 December 2001 the discharge authority directed an honorable discharge by reason of unsuitability due to the diagnosed personality disorder, and on 19 December 2001 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and request to change your narrative reason for separation and reenlistment code so that you may be eligible to employment as a state trooper. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of your narrative reason for separation or reenlistment code because of your diagnosed personality disorder and the drug overdose. Finally, an RE-4 reenlistment code is usually assigned to a Sailor who attempts suicide or makes a suicidal gesture. 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.

        
        

                  W. DEAN PFEIFFER
          Executive Director
2

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