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NAVY | BCNR | CY2007 | 04701-07
Original file (04701-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECT!ON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037O~51 00




 SMW
 Docket No:4701-07
 17 December 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 12 December 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 af your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulatio~ 5 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.
On 5 May 2005, you enlisted in the Navy at age 20. Based on the information currently contained in the record, it appears that disciplinary action was brought against you and punishment included confinement. On 5 April 2006, a psychiatric evaluation stated that your depression was worse since confinement, that you had suicidal thoughts and concluded by diagnosing you as having recurrent severe psychosis and a borderline Personality disorder. On 3 May 2006, a psychiatric evaluation stated that you were serving a confinement sentence for assault and rape of your wife and concluded by diagnosing you as having recurrent severe psychotic features, social phobia, and a borderline Personality disorder. On 2 August 2006, a psychiatric evaluation stated that you were in confinement and diagnosed you with depression and resolving social phobia. On 13 September 2006, a psychiatric evaluation stated that you were in confinement, stopped taking your medication and had plans to commit Suicide after you were released from confinement. The evaluation diagnosed you with depression social phobia and schizoid traits.

Your commanding officer subsequently initiated administrative separation by reason of erroneous entry due to a diagnosed personality disorder that existed prior to enlistment, which he believed you disclosed during the enlistment processing, but was not documented. Apparently, the separation authority approved the discharge recommendation and directed an honorable discharge by reason of erroneous entry. On 22 November 2006, you were so discharged. At that time you were assigned an RE-4 reenlistment code.
Regulations authorize the assignment of an RE-4reenlistment code when an individual is discharged by reason of erroneous entry or considered a threat to harm themselves or others. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment 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,



W. DEAN PFEIFFER
Executive Director

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