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NAVY | BCNR | CY2006 | 02053-06
Original file (02053-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


TRG
Docket No:       2053-06
30 June 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 26 June 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 Navy on 9 September 1993 at age 18. You satisfactorily completed initial training and on 27 February 1994 you reported to your first duty station. Subsequently, you were referred for a psychiatric evaluation because of your difficulties in adjusting to military life. On 7 July 1994 you were diagnosed with a personality disorder. The psychiatrist recommended an expeditious administrative discharge because your were considered at risk to harm yourself if retained in the Navy.

Based on the psychiatric evaluation, you were processed for an administrative discharge. In connection with this processing, you waived your procedural rights. After review, the separation authority directed an honorable discharge and you were so discharged on 8 August 1994. At that time, you acknowledged that you were not recommended for reenlistment and would be assigned an RE-4 reenlistment code.

Regulations allow for the assignment of an RE-4 reenlistment code when an individual is discharged based on a diagnosed personality disorder, and such a code is normally assigned when an individual

is considered at risk to harm himself or others if retained in the Navy. Since you have been treated no differently than many others discharged for that reason, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.

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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