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NAVY | BCNR | CY2007 | 04177-07
Original file (04177-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100




                                   
SJN
                                    Docket No: 04177 - 07
                                   
19 February 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.

/\ three—member panel of the Board for Correction of Naval Re c o rds o f in execut ive conside re d application on 13 February 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 11 December 2002 at age 19. You served without incident for over two years until 11 July 2005 when you were the subject a psychiatric evaluation. You were evaluated because of suicidal ideation and diagnosed with a personality disorder. You were considered a potential danger based upon a reported past history of thoughts of harming yourself and others.

On 22 July 2005, you were notified of pending administrative separation action by reason of convenience of the government due to the diagnosed personality disorder. You elected to waive the rights to consult counsel and submit a statement.

On 7 September 2005, your commanding officer forwarded his recommendation for discharge to the separating authority. The recommendation was approved and on 13 September 2005 you received an honorable discharge. At that time, you were 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, overall record of service, your belief that your discharge was due to a hardship, and post-service accomplishments. Nevertheless, the Board found that these factors were not sufficient to warrant a change to the reason for your discharge or a change in your reenlistment code given the diagnoses of a personality disorder and your suicidal ideation. An RE-4 reenlistment code is routinely 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.

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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