DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-Si00 .
SIN
Docket No: 09246-07
3 November 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 21 October 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 at age 25 and began a period of active
duty on 15 February 1979. On 14 May 1979, you received
nonjudicial punishment (NJP) for wrongful possession of a knife.
Based on the information currently contained in your record you
were diagnosed with a personality disorder on 10 March 1981.
On 23 March 1981, you were notified of pending administrative
separation action by reason of unsuitability due to the diagnosed
personality disorder. You elected to waive the rights to consult
counsel, or submit a statement. On 6 April 1981, your commanding
officer forwarded his recommendation for discharge to the
separating authority. The recommendation was approved, and on
1 May 1981, 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 overall record
of service, Nevertheless, the Board found that these factors
were not sufficient to warrant a change to the reason for your
discharge or your reenlistment code given the diagnosed
personality disorder. An RE-4 reenlistment code is routinely
assigned under such circumstances. 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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