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NAVY | BCNR | CY2007 | 05629-07
Original file (05629-07.rtf) Auto-classification: Denied
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                    WASHINGTON DC 20370-5100

TJR
 Docket No: 5629-07
9 April 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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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 26 October 1995 at age 17 and served without disciplinary incident.
On 4 March 1996 you were referred for a medical evaluation due to a situation reaction and diagnosed with an adjustment disorder. You were also referred for a psychiatric evaluation after being considered a suicide risk. As a result, on 13 March 1996, after undergoing a psychiatric evaluation due to suicidal ideation, you were diagnosed with a personality disorder with antisocial features and an adjustment disorder with mixed anxiety and depressed mood. You were recommended for an administrative separation due to risk of self-destruction or being a continuing danger to yourself or others.
On 15 March 1996 you were notified of pending administrative separation action by reason of convenience of the government as a result of the foregoing diagnosis. On 20 March 1996 the
                   discharge authority directed an uncharacterized entry level separation by reason of convenience of the government due to a character and behavior disorder, as evidenced by the diagnosed personality disorder. On 27 March 1996 you were so separated 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 desire 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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