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NAVY | BCNR | CY2006 | 07890-06
Original file (07890-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
                                     2 NAVY ANNEX
                  WASHINGTON DC 20370-5100



                                                                       SJN
Docket No: 07890-06
 28 February 2007


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 22 February 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 inj ustice.
You enlisted in the Navy on 31 July 2001 at age 18. on 27 August 2002 you received nonjudicial punishment (NJP) for assault and disorderly conduct. You received a suspended forfeiture of pay and a reduction in paygrade.
A medical entry of 22 December 2003 states that you reported to sick-call stating that you needed medication for attention deficient disorder (ADD), and had been taking Ritalin before joining the Navy. You also stated that disciplinary action was pending and you desired therapy for ADD. You were found not to be suicidal or homicidal but it was recommended that you be further evaluated. On 3 February 2004, you were seen by a psychiatrist after you cut your wrist. However, you denied suicidal ideations. It appears that you were diagnosed with a personality disorder.
Although the discharge processing paperwork is not contained in your record, it appears that you were processed for administrative separation by reason of convenience of the government due to a diagnosed personality disorder. You would have been informed of your right to consult counsel or submit a statement. Subsequently, On 4 February 2004 you received a general discharge due to the diagnosed personality disorder. At that time, you were assigned a 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 and time in service. However, the Board found that these factors were not sufficient to warrant a change in your reenlistment code given the NJP, the diagnosed personality disorder, and your suicidal behavior. An RE-4 reenlistment code is usually assigned under such circumstances. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
The Board did not consider whether to upgrade your discharge or change the reason for separation because you did not request such action, and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.
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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