DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8006-07
17 September 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 16 September 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 20 July 2004 at age 17 and served
without disciplinary incident.
Your record reflects that on 30 March 2005 you underwent a mental
health evaluation for panic symptoms. About two months later, on
16 May 2005, you were referred for a mental health evaluation for
panic symptoms related to your previous life experiences and poor
military adaptation. You were found to be a potential suicide
risk, demonstrated difficulties with managing the routine
stresses of the service, and considered a risk to yourself with
serious mental health problems. You were diagnosed with a
personality disorder with characteristics of a borderline
personality and a strong passive aggressive personality. At that
time you were recommended for an administrative separation.
On 25 May 2005 you were notified of pending administrative
separation by reason of convenience of the government due to the
diagnosed personality disorder. After consulting with legal
counsel, you waived your right to submit a statement in rebuttal
to the discharge. Your commanding officer recommended an
honorable discharge by reason of convenience of the government
due to the diagnosed personality disorder. This recommendation
also stated that you were not recommended for reenlistment
because you were found to be unsuitable for further military
service. Subsequently, the discharge authorities approved this
recommendation and on 3 June 2005, while serving in paygrade E-2,
you were honorably 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 and desire to change your narrative reason for
separation and reenlistment code. It also considered the medical
record submitted in support of your case which states, in part,
that presently there is no evidence of a personality disorder,
and that the resolution of the diagnosed symptoms were likely due
to your situational changes. In other words, you are no longer
in a military environment where the characteristics of a
personality disorder are evident. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in the reenlistment code or narrative reason for separation
because of your diagnosed personality disorder, inability to
adapt to military life, and nonrecommendation for retention
and/or reenlistment due to your unsuitable for further service.
Finally, an RE-4 reenlistment code is authorized when a Sailor,
who is serving in paygrade E-2, 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,
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