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NAVY | BCNR | CY2006 | 10555-06
Original file (10555-06.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 10555-06
19 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 8 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. As you did not exhaust an available administrative remedy by applying to the Naval Discharge Review Board for upgrade of your discharge, the Board’s review was limited to your request for a more favorable reentry code and the expunction of the diagnosis of a personality disorder from your record.

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 served on active duty in the Navy from 28 June 1999 to 12 October 2001, when you were discharged for the convenience of the government by reason of a personality disorder. You were assigned a reentry code of RE-4, to indicate that you were not eligible or recommended for reenlistment.

4/
The Board carefully considered your good post service conduct and achievements, as well as the report of psychological evaluation you submitted in support of your application, but found those matters insufficient to warrant any corrective action in your case. The Board concluded that the report of psychological evaluation does not establish that you were erroneously diagnosed as suffering from a personality disorder while serving in the Navy. In this regard, the Board found that the term “Rule out personality disorder” which appears in the report you submitted merely indicates that the evaluator could not substantiate or rule out a personality disorder diagnosis based on the history and information provided by you or otherwise available to her. It does not mean, as you believe, that you do not suffer from a personality disorder. The report indicates that you attempted to commit suicide prior to enlisting, which is a disqualifying for military service, and that your neuropsychological test results ranged from average to severely impaired, that you may have been defensive about acknowledging psychological distress during the course of the testing, that you appear to have presented your psychological functioning in the most desirable light possible, and that attentional, motivational and/or emotional factors were thought to play a role in your neurocognitive functioning.

In view of the foregoing, and as you have not demonstrated that it would be in the interest of justice for the Board to assign you a more favorable reentry code or otherwise facilitate your reentry in the Armed Forces, 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,

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