DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7721-07
18 August 2008
This is in reference to
naval record pursuant to the
States Code, Section 1552.
your application for correction of your
provisions of Title 10, United
A three-member panel of the Boar
Records, sitting in executive se
application on 12 August 2008.
injustice were reviewed in accor
regulations and procedures appli
Board. Documentary material con
your application, together
thereof, your naval record,
and policies.
d for Correction of Naval
ssion, considered your
Your allegations of error and
dance with administrative
cable to the proceedings of this
Sidered by the Board consisted of
with all material submitted in support
and applicable statutes, regulations,
You enlisted in the Navy on 29 March 2000 at age 20 and served
without disciplinary incident until 24 September 2003, when you
received nonjudicial punishment (NJP) for failure to obey a
lawful order and soliciting. The punishment imposed was a
forfeiture of pay, restriction, and a reduction in paygrade.
was complicated by your curre
and a depressive disorder. The psychiatrist’s report stated, in
part, that you were not suitable for retention because you were
at risk of harm to yourself and others. At that time you were
recommended for an expeditious administrative separation.
i
On 20 May 2005 you were referr
ed for a drug and alcohol
evaluation.
You were diagnosed with alcohol dependence but
ici i i i Again, you
by reason of convenience of the government due to a diagnosed
personality disorder. The discharge authority directed an
honorable discharge, and on 5 June 2005 you were so discharged
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, post service conduct, and assertion that you do not
believe your conduct warranted an RE-4 reenlistment code.
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 DF ER
Executive tor
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