DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 09688-07
21 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, sé@ction 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 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 and began a period of active duty on
1 April 1985 at age 18. On 14 February 1986 and 17 March 1987,
you received nonjudicial punishment (NJP) for wrongful use of
marijuana, committing a breach of the peace, and drunk and
disorderly conduct. On 17 May and 27 October 1987, you were
counseled and warned that further misconduct could result in
administrative discharge action.
On 6 December 1988, a mental health evaluation was conducted.
The report stated that you were suffering from a mixed
personality disorder, and although you were not suicidal or
homicidal, you were a risk to yourself and others if retained on
active duty.
Based on the mental evaluation, you were processed for separation
due to the diagnosed personality disorder. On 13 January 1989,
you elected to receive copies of documents to be forwarded to the
separation authority, but waived all other procedural rights. On
13 January 1989 you were honorably discharged. At that time you
were assigned an RE-4 reenlistment code.
Applicable regulations authorize the assignment of an RE-4
reenlistment code to Sailors who are separated due to a diagnosed
personality disorder. The Board concluded that there is no error
or injustice in your reenlistment code. 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
Executive D oO
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