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NAVY | BCNR | CY2007 | 05843-07
Original file (05843-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



SJN
Docket No: 05843-07
24 March 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-mem b er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 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 29 July 1998 at age 17. On 17 August 1999, you were diagnosed with a borderline personality disorder with passive-aggressive features that existed prior to you entering the service. It was recommended that although you were not considered suicidal/homicidal, you were a continuing risk to yourself or others if retained in the service.

Based on the information currently contained in your record it appears you were processed for separation by reason of convenience of the government due to the diagnosed personality disorder. It also appears that when notified of this action, you waived the right to present your case to an administrative discharge board. On 23 November 1999, the separation authority directed a general discharge. At that time you were assigned an RE-4 reenlistment code.





Applicable regulations authorize the assignment of an RE-4 reenlistment code to individuals who are separated due to a diagnosed personality disorder. The Board noted the diagnosed personality disorder and pre-service problems. Based on the
foregoing, the Board concluded that there is no error or injustice in your reenlistment code and given the diagnosed personality disorder, the reason for separation was proper. 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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