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NAVY | BCNR | CY2005 | 07580-05
Original file (07580-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TRG
Docket No: 7580-05
19 January 2007



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 17 January 2007. 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 Naval Reserve on 12 June 1986 and served in an active status until 23 May 1991 when you transferred to the Individual Ready Reserve. During this period you only performed short periods of active duty for training. You were honorably discharged from the Naval Reserve on 11 June 1994, at the expiration of your enlistment.
on 28 November 1994 you enlisted in the Navy at age 26. Apparently, you were having difficulties adjusting and were referred for a psychiatric evaluation that diagnosed you with a• history of schizophrenia which was in remission and a borderline personality disorder with narcissistic traits. The psychologist opined that you were a continuing danger to yourself or others if you were not expeditious separated.
Although the separation package is not filed in your record, it clearly shows that you were processed for separation by reason of a diagnosed personality disorder. Before, the separation could be finalized, you were an unauthorized absentee on two occasions totaling about 59 days. On 24 March 1995, you received an entry level separation. At that time, you acknowledged that you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.
Clearly, your psychiatric evaluation was sufficient to support separation processing. Therefore, since your net active service after deductions for your periods of unauthorized absence was only 1 month and 28 days, the Board concluded that you were properly separated with an entry level separation.




Regulations allow for the assignment of an RE-4 reenlistment code when an individual is separated because of a diagnosed personality disorder and such a code is normally assigned when there is a finding that an individual is at risk to harm himself or other if retained in the Navy. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.
Finally, you should know that there is no provision in the regulations to change addresses on a DD Form 214 after an individual had been separated. Therefore, the addresses on your DD Form 214 will not be changed.
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,

ROBERT D. ZSALMAN
Acting Executive Director









2

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