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NAVY | BCNR | CY2006 | 03400-06
Original file (03400-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SJN
 Docket No: 03400-06
15 September 2006




This is in reference to your application for correction of naval record pursuant to the provision States Code, Section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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 27 October 2004 at age 20. On 13 May 2005 you were diagnosed with an adjustment disorder and borderline personality disorder. At that time, it was stated that you might become a threat to harm yourself or others if retained in the military.
On 26 May 2005 administrative separation action was initiated by reason of convenience of the government due to the diagnosed personality disorder. You then waived the right to submit a statement in response to the proposed action. On 9 June 2005 your commanding officer directed a general discharge, stating in part, that you had no potential for future useful naval service. You were discharged the same day with a general discharge and were assigned a reenlistment code of RE-4.
Applicable regulations authorize the assignment of an RE-4 reenlistment code to individuals who are separated due to a diagnosed personality disorder, especially to those deemed to constitute a threat to harm themselves or others. Based on the foregoing, the Board concluded that there is no error or
 injustice in your reenlistment code and given the diagnosed personality disorder, the reason for separation was proper.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
The Board did not consider whether to upgrade your discharge or change the reason for separation because you did not request such action, and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.
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 PF EIFFER
Executive Director

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