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NAVY | BCNR | CY2006 | 06745-06
Original file (06745-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100
        

         SJN
         Nov
2007
                                                                                 Docket No: 06745-06



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 10 January 2007. 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 28 April 1988 at age 18. On 22 June 1989 you were diagnosed with a personality disorder and strongly recommended for separation due to a suicidal ideation after an eight-day period of unauthorized absence (UA). On 20 July 1989 you received nonjudicial punis h ment (NJP) for the eight-day period of UA and were awarded restriction.

On 28 July 1989 you were notified of pending administrative separation action due to your diagnosed personality disorder. You elected to waive the rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 31 July 1989 your commanding officer forwarded his recommendation for separation and on 15 August 1989 you received an honorable discharge. At that time, you were assigned a reenlistment code of RE-4.

Applicable regulations authorized the assignment of an RE-4 reenlistment code to individuals who are separated due to a diagnosed personality disorder, and that code is routinely assigned when the individual is deemed to present a threat to himself or others. 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,


ROBERT D Z SALMAN
Acting Executive Director

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