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NAVY | BCNR | CY2007 | 04008-07
Original file (04008-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

Docket No: 4008-07
14 October 2008

 

 

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 October 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 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 17 December
2001. You received two nonjudicial punishments for offenses that
included failure to obey a lawful order and insubordination. You
underwent psychological evaluation on 7 September 2003 and were
given diagnoses of a personality disorder and major depression.
You reported suicidal ideation, and were considered to be a
danger to yourself and others. On 22 September 2003 you received
a general discharge by reason of a personality disorder and were
assigned a reentry code of RE-4.

The Board found that you did not qualify for an honorable
discharge because your conduct mark average of 1.5 and overall
trait average of 2.17 were below the required minimum averages
which you did not attain because of your two nonjudicial
punishments.

An RE-4 reentry code is authorized by regulatory guidance and is
often assigned to individuals separated due to diagnosed
personality disorders, especially if they are deemed to
constitute a threat to themselves or to others. The Board thus
concluded that there is no error or injustice in your reentry
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,

leaks

W. DEAN PFI]
Executive

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