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NAVY | BCNR | CY2006 | 04420-06
Original file (04420-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100

 SMW
 Docket No:4420-06
 28 September 2006


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 27 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 8 February 1999 at age 20. on 18 January 2000 you were counseled regarding deficiencies in your performance and conduct, specifically, an unauthorized absence (UA) and failure to provide valid recall information. At that time, you were warned that further infractions could result in disciplinary action or administrative separation.
On 23 February and 15 July 2000 you received derogatory performance evaluations that stated your performance was below standards, and you required excessive supervision. On 19 July 2000 you were UA.
On 28 July 2000 you received a psychiatric evaluation because of homicidal ideation, and during the evaluation you stated that you had a history of suicidal ideation and thoughts of harming your wife. The evaluation stated that although you were not currently at risk for suicide or homicide, you had a lifelong pattern of maladaptive responses to routine personal and work related
 stressors, and might become dangerous to yourself and others in the future. The evaluation stated diagnosed you with a personality disorder and concluded that you should be discharged.



On 14 August 2000 your commanding officer initiated separation action by reason of convenience of the government due to the diagnosed personality disorder and by reason of unsatisfactory performance. In connection with this processing, you acknowledged that characterization of service would be determined by your service record. On: 25 August 2000 the separation authority approved the recommendation and directed a general discharge due to the diagnosed personality disorder. On 25 August 2000 you were so discharged and assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.
Regulations authorize the assignment of an RE-4 reenlistment code for an individual separated due to a diagnosed with a personality disorder, and such a code is often assigned if there are indications of self-harm or suicidal ideation. 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.
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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