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NAVY | BCNR | CY2006 | 04328-06
Original file (04328-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TJR
Docket No: 4328-06
7 November2006




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 Record s , sitting in executive session, considered your application on 7 November 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 22 February 2005 at age 19. After being referred for psychiatric evaluations on three occasions during the period from 25 February to 15 March 2005, you were diagnosed with a personality disorder. These evaluations stated, in part, as follows:
(Member) referred because of suicidal thoughts with plans.... he has a history of suicidal attempts.... diagnosed with adjustment disorder, separation anxiety disorder, and a personality disorder with dependent and avoidant traits, which existed prior to entry.... recommend entry level separation.
Subsequently, you were processed for an administrative separation by reason of erroneous enlistment due to the diagnosed adjustment disorder, separation anxiety disorder, and personality disorder.
The discharge authority directed an uncharacterized entry level separation by reason of erroneous entry, and on 21 March 2005 you were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and assertion that you were discharged due to homesickness. It further considered the post service psychological evaluation submitted in support of your case. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code, because of the diagnosed personality disorder and the other psychological problems. Such a code is authorized when a Sailor is separated due to a diagnosed personality disorder and deemed a risk to self or others. 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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