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NAVY | BCNR | CY2007 | 09369-07
Original file (09369-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
WASHINGTON DC 2O37O~5 100
SJN
                                                                                          Docket No: 09369-07
                                                                                          9 June 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 4 June 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 2 July 2003 at age 18. On 14 April 2005 and 20 August 2006, you received nonjudicial punishment (NJP) for two incidents of disobedience and insubordinate conduct. On 11 September 2006, you were diagnosed with a personality disorder. It was recommended that you be separated from the service due to you having a long-standing disorder of character and behavior that were believed to be of such severity as to interfere with serving adequately in the Navy. On 17 October 2006, after a few follow-up appointments, it was again recommended that you be separated. With this diagnosis, it was stated that you may have been a threat to harm yourself or others.
On 18 November 2006, 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 with an honorable discharge. At that time, you 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 overall service. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your reenlistment code given the two NJP’s and diagnosed personality disorder. Applicable regulations authorized the assignment of an RE-4 reenlistment code to individuals who were separated due to a diagnosed personality disorder, and that code is routinely assigned when the individual is deemed to present a threat to himself or others. 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 PFIEFFER
Executive Director
                                   

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