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NAVY | BCNR | CY2007 | 02786-07
Original file (02786-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



                 
TJR
                                                                                 Docket No: 2786-07
                                                                                
18 January 2008




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 16 January 2008. 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 17 June 2002 at age 17 and served without disciplinary incident.

On 2 March 2005 you were diagnosed with a dependent personality disorder and recommended for an administrative separation because your long-standing disorder of character and behavior was of such severity as to interfere with serving in the military.

On 10 August 2005 you were referred to a medical health unit for a psychiatric evaluation because of your suicidal ideation with a plan to execute the act by jumping of f of the flight deck. You were subsequently diagnosed with an adjustment disorder with mixed disturbances of emotions and conduct, a personality disorder with dependent and borderline features, and possible sleep apnea. The psychiatric report stated, in part, that you were unsuitable for further military service, and although you were not an immediate risk to yourself or others, you were judged to be a continual risk of harm to yourself and/or others. At that time you were recommended for an administrative separation.




On 28 August 2005 you were notified of pending administrative separation action by reason of convenience of the government as a result of the foregoing diagnosis. On 13 September 2005 the discharge authority directed an honorable discharge by reason of convenience of the government due to a character and behavior disorder, as evidenced by the diagnosed personality disorder. On 14 September 2005 you were so discharged and assigned an 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 assertion that you would like to reenlist. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of your diagnosed personality disorder. Further, an RE-4 reenlistment code is authorized when a Sailor is separated for this reason and is not recommended for retention or reenlistment. 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


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