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NAVY | BCNR | CY2006 | 02428-06
Original file (02428-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                              TJR
                                                                                           Docket No: 2428-06
                                                                                          27 September 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 26 September 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 29 May 1997 at age 20. On 21 February 1998 you were referred for psychiatric evaluation after cutting your wrist and expressing a desire to kill yourself. You were diagnosed as malingering with an alcohol dependence , an ongoing physiological dependence, and an antisocial personality disorder, all of which existed prior to your enlistment. The psychiatrist also noted your self-inflicted laceration of the left wrist and gastritis. You were recommended for a psychiatric treatment plan which was to include managing addictive behavior, suicidal thinking, and ineffective coping. You were also recommended for Level III alcohol rehabilitation and an administrative separation.
On 10 March 1998 you were notified of pending administrative separation action by reason of convenience of the government due to the diagnosed personality disorder. At that time you waived your rights to consult with counsel and did not object to the separation. On 19 March 1998 the discharge authority directed separation under honorable conditions by reason of convenience of the government, and on 23 April 1998 you were issued a general discharge.




The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as you youth and assertion that you do not suffer with a personality disorder. It also considered your assertion that you were having serious family problems and were not ready for a life-style change. It further considered your desire to reenlist in the Navy. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the narrative reason for separation or reenlistment code because of the seriousness of your diagnosed personality disorder which included addictive behavior, suicidal tendencies, and ineffective coping. The Board noted that there is evidence in the record which is contrary to your assertion that you do not suffer with a personality disorder. Further, an RE-4 reenlistment code is authorized by regulatory guidance and normally assigned when a Sailor is separated due to a diagnosed personality disorder and is considered a threat to harm himself or others. Accordingly, your application has been denied.
Finally, you are entitled to 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 Review Boards, Attention: Naval Discharge Review Board for consideration of an upgrade of your discharge and a change in your narrative reason for separation.
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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