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NAVY | BCNR | CY2007 | 06555-07
Original file (06555-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                     BOARD FOR CORREC T ION OF NAVAL RECORDS
                                             2 NAV Y ANNEX
                                              WASHINGTON DC 20370-5100


SJN
 Docket No: 06555-07
28 May 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 21 May 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 17 September 2002 at age 20. You served over two years without incident until 12 April 2005, when you were diagnosed with a personality disorder.
You were notified of pending administrative separation action due to your diagnosed personality disorder, which followed your attempted suicide. You elected to waive the rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 18 April 2005, your commanding officer forwarded his recommendation to honorably discharge you to the separating authority, and on 18 April 2005 you were so discharged. At that time you were assigned an RE-3G 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, letter from the Medical Center of McKinney, and contention that you should have been discharged due to hardship. Nevertheless, the Board found that these factors were not sufficient t he warrant a change to the reason for your separation given the diagnosed personality disorder
. With regard to your reenlistment code, an RE-3G code, which means you had a personality disorder that did not amount to a disability, which potentially would have interfered with the your performance of duty, is the most favorable code that may be assigned, and can be waived to permit reentry on active duty. Concerning your contention that you should have been discharge due to hardship, there is no evidence in the record to support it, and you submitted no such evidence. 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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