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NAVY | BCNR | CY2006 | 05195-06
Original file (05195-06.rtf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100        
                 
CRS
                  Docket No: 5195-06
                  26 September 2006


This is in reference to your application for correction of you 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 30 August 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy on 30 November 2005. A psychological evaluation, conducted on 27 December 2005 by a clinical psychologist, diagnosed you as having a personality disorder with paranoid and schizotypal features. On 20 January 2006 you received an entry level separation by reason of failed medical/physical procurement standards. At that time, you were assigned a reenlistment code of RE-4.

You submitted a letter from a doctor engaging in family practice who states that you would be a good person to serve in the military. However, applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to failed medical/physical procurement standards. Additionally, such a code is often assigned to individuals separated due to a diagnosed personality disorder. The Board thus concluded that there is no error or injustice in your 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 PFIEFFER
Executive Director

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