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Decision Text

NAVY | BCNR | CY2007 | 06809-07
Original file (06809-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SMW
 Docket No: 6809-07
26 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-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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.
On 15 June 2000, you enlisted in the Navy at age 21. During the period 25 April to 9 May 2001, you were diagnosed as having an adjustment and personality disorder not otherwise specified on three occasions. Based on the information currently contained in the record, it appears that your commanding officer subsequently initiated administrative separation by reason of convenience of the government due to your diagnosed personality disorder. In connection with this processing, you would have acknowledged the separation action. Apparently, the separation authority approved the separation recommendation and directed discharge by reason of convenience of the government due to a personality disorder. On 13 June 2001, your final performance evaluation indicated that you were not recommended for retention. On 13 June 2001, you were separated with a general discharge by reason of convenience of the government due to a personality disorder and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth, post service achievements and post service psychiatric evaluation. Nevertheless, the Board concluded that these factors were not sufficient to warrant changing the reason for separation or reenlistment code. In this regard, the Board noted that your post service psychiatric evaluation found that you had no indication of having a personality disorder, but that evaluation does not dismiss your diagnosis of having a personality disorder while you were a member of the Navy. Regarding your reenlistment code, regulations authorize the assignment of an RE-4 reenlistment code to members who are discharged by reason of convenience of the government due to a personality disorder and are not recommended for retention. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the reason for separation or reenlistment code. Therefore, the Board concluded that the discharge was proper as issued and no changes are warranted. 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 PFEI FF E R
Executive Di rc et or











2

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