DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08479-07
28 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 26 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 25 April 1989 at age 18. On 3 March
1990, you were the subject of a psychiatric evaluation. You were
diagnosed with cannabis abuse in remission, alcohol abuse in
partial remission, and a borderline personality disorder with
antisocial features, all of which existed prior to entering the
service. The report further stated, in part, that you manifested
a severe longstanding disorder of character and behavior of such
severity as to interfere with serving adequately in the Navy.
While you were not suicidal or homicidal, you were a risk to harm
yourself or others.
On 7 March 1990, you were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed personality disorder. You elected to waive the
rights to consult counsel, or submit a statement. Your
commanding officer directed that you be separated from the
service, and on 8 March 1990 you received an honorable discharge.
At that time, you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, post-service accomplishments, character
letters and psychological evaluation accompanying your
application and contention that you gave a false statement in
order to be discharged from the service. Nevertheless, the Board
found that these factors were not sufficient to warrant a change
in your reenlistment code given the diagnoses of a personality
disorder and possible risk to harm yourself or others. An RE-4
reenlistment code is routinely assigned under such circumstances.
With regard to your contention, it is well settled in the law
that if a Sailor procures a discharge by fraud, he should not
benefit from the fraud when it is discovered. Therefore, if you
lied to get out of the military as you contend, no corrective
action would be appropriate. 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,
ls |
W. DEAN PFE
Executive Dilrecto
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