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NAVY | BCNR | CY2007 | 08086-07
Original file (08086-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100


                                                      TJR
                                                                                 Docket No : 8086—07
                                                                                
1 November 2007





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 30 October 2007. 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, regu1atio~ 5 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 Naval Reserve on 13 June 1991 at age 18 and served without disciplinary incident.

On 24 June 1991 you were referred for a psychiatric evaluation for suicidal ideations and complaints of depression~ You were diagnosed with a personality disorder with borderline antisocial traits and an adjustment disorder. During this evaluation you were recommended for an administrative separation due to unsuitability because of the long-standing disorder or character and behavior that was of such severity that it rendered you incapable of serving adequately.

On 25 June 1991 you were notified of pending administrative separation action by reason of convenience of the governmen~ due to the diagnosed Personality disorder. At that time you waived your right to counsel with legal counsel and to submit a statement in rebuttal to the discharge action. Further, you did not object to the separation, On 27 June 1991 the discharge authority directed an uncharacterjzed entry level separation by reason of convenience of the government due to a physical or mental condition, specifically, the diagnosed Personality disorder, and on 1 July 1991 you were so separated from the Navy and were 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 reenlist. it also considered the psychological evaluation submitted in support of your case. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of the diagnosed personality disorder, your suicidal ideation, and your failure to complete basic training. Further, an RE-4 reenlistment code is authorized when a Sailor is separated due to psychological or psychiatric problem. 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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