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NAVY | BCNR | CY2007 | 07326-07
Original file (07326-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100


 SMW
 Docket No: 7236-07
3 April 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 2 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.
On 14 May 1997, you enlisted in the Navy at age 20. On 30 November 2000, you received a psychiatric evaluation during which you disclosed that you thought about suicide, pushing others off of the ship, and you stated that you hated everyone on board the ship. The evaluation diagnosed you as having an adjustment disorder and recommended administrative separation. On 7 December 2000, you had nonjudicial punishment for missing the movement of your ship and an eight day period of unauthorized absence. On 16 January 2001, you received a medical evaluation during which you stated that you wanted to hurt yourself and someone else. On 23 January 2001, a psychiatric evaluation diagnosed you as having an adjustment and personality disorder not otherwise specified.
On 12 March 2001, your commanding officer initiated administrative separation by reason of misconduct due to commission of a serious offense and convenience of the
 government due to a personality disorder. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and waived the right to have your case heard by an administrative discharge board (ADE). On 12 July 2001, the separation authority approved the separation recommendation and directed a general discharge by reason of misconduct due to commission of a serious offense. On 20 July 2001, you were so discharged and assigned an RE-4 reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment code to members who are discharged due to misconduct or are considered a threat to harm themselves or others if retained. 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.
The Board did not consider whether the characterization of service or reason for separation should be changed, since you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). You may apply to the NDRB by submitting the enclosed DD Form 293 to the address set forth on the form.
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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