DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 8343-07
27 August 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 19 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
Prior to enlistment you were referred for a psychiatric
evaluation because of a prior history of being seen by a
psychotherapist. It was noted in the evaluation that your
superior intellect was quite striking. However, it was also
noted that you had difficulty holding jobs for a significant
period and that you were unemployed and receiving public
assistance. However, your enlistment in the Navy was
recommended.
You enlisted in the Navy on 25 May 1977 at age 28. At the time
of your enlistment you had a college degree in mathematics and a
high score on the Armed Forces Qualification Test. On 27 April
1979 you completed data systems "A" school, ranked 13 in a class
of 13. The evaluation completed at that time is adverse and
stated that your personality tended to place those you
encountered immediately on the defensive. Subsequently, you were
disenrolled from advanced training. It was noted that you
misjudged priorities and required constant supervision.
The documentation to support discharge processing is not filed in
your record. However, it is clear that you were processed for
separation by reason of unsuitability due to a diagnosed
personality disorder. You were honorably discharged on 23
January 1980. At that time, you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that
undiagnosed sleep apnea and Aspergers Syndrome led to your
difficulties while in the Navy and in effect that the diagnosis
of personality disorder was in error. You point out that
individuals with Aspergers Syndrome are socially awkward but able
to maintain extremely focused concentration in an area of
interest. You claim that you were successfully employed by the
Department of Defense for 20 years after your discharge from the
Navy.
The Board found that these factors and contention were not
sufficient to warrant a change in the reason for your discharge
and reenlistment code. As indicated the discharge package is not
filed in your record. However, your evaluations show that you
were unable to adapt to Navy life after repeated counseling and
were an academic failure from a course of instruction.
Therefore, the available records certainly show that you were
unsuitable for service. When an individual is discharged by
reason of unsuitability, an RE-4 reenlistment code is the only
authorized code.
The Board concluded that you were properly discharged by reason
of unsuitability due to a diagnosed personality disorder with an
RE-4 reenlistment and a correction to your record is not
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,
la
W. DEAN
Executive
OH
or
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