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NAVY | BCNR | CY2006 | 05188-06
Original file (05188-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                               TJR
Docket No: 5188-06
8 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 Records, 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. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, a copy of which is attached.
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. In this regard, the Board substantially concurred with the comments contained in the advisory opinion.
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
Enclosure



 5730
 MMER/RE
JAN 05 2006

M&RD DEPARTMENT COMMENT on OLAC route sheet of 2 Dec 2005

Subj : CONGRINT; CASE OF MS. XXXX
                  SUBJ: RECODE

1.       The following is provided for inclusion in your reply;

On March 23, 2005 XXX was honorably discharged by reason of Personality Disorder, At the time of separation, Ms. XXXX was assigned a reenlistment code of RE-4, which indicates she was not recommended for reenlistment. A review of the administrative portion of her record indicates that she was counseled concerning a borderline personality disorder. Specifically, she was found unsuitable for further military service due to a history of childhood physical/sexual abuse, numerous suicide attempts, self-mutilative behavior impulsitivity, and significant immaturity in actions. It was detcrmined that the personality disorder existed prior to enlistment; and will, continue beyond military discharge. It is also noted that on M arch 21, 2005 XXXX signed an official service record book entry acknowledging assignment: of the RE-4 reenlistment code. After a review of all relevant information , we concur in the professional evaluation of qualifications for reenlistment at the time of separation. Since her reenlistment code is correctly assigned , no change is


If XXX disagrees with the justification and rationale for this determination, she has the right to petition the hoard for Correction of Naval Records to conduct an additional review. This may be done by submitting the enclosed Application for Correction of Military Record (DD) Form 149) to the Chairman, B oard for Correction of Naval Records, Department of the Navy, Washington, DC 20370-5100. To demonstrate to BCNR that she has exhausted all available administrative remedies, it necessary that a copy of this Headquarters’ response to Congresswoman DeGette be attached to her application.

2. Point of contact: is XXXX     at (703)784-9204.
        

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