DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10014-07
19 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 18 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.
On 2 November 1998, you enlisted in the Marine Corps at age 22
and served without incident for more than 42 months. On
30 May 2002, you had nonjudicial punishment for two unspecified
periods of unauthorized absence. On 17 October 2002, a service
record entry was made which stated that a psychiatric
evaluation conducted on 28 August 2002, diagnosed you with
dysthymia and having an avoidant personality disorder, both of
which existed prior to enlistment, and concluded by
recommending an expeditious discharge. You acknowledged this
service record entry with your signature and chose not to
submit a statement. On 29 October 2002, your commanding
officer initiated administrative separation by reason of
convenience of the government due to a personality disorder.
In connection with this processing, you acknowledged the
separation action. On 23 December 2002, you acknowledged
another service record entry with your signature which again
documented the results of your psychiatric evaluation conducted
on 26 August 2002. On 16 January 2003, the separation
authority approved the separation recommendation and directed
an honorable discharge by reason of convenience of the
government due to a personality disorder. On 3 February 2003,
you were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your overall
record and desire to enhance employment opportunities. The
Board also considered your contention that personal problems
impaired your ability to serve and you were never treated for a
personality disorder. Nevertheless, the Board concluded that
these factors were not sufficient to warrant changing the reason
for discharge or the RE-4 reenlistment code. In this regard,
the record clearly shows that you were discharged as a result of
a psychiatric evaluation that diagnosed you as having an
avoidant personality disorder and you acknowledged this
diagnosis on two occasions when you signed service record
entries. In addition, the Board substantially concurred with
the comments contained in the advisory opinion, a copy of which
is attached. Therefore, the Board concluded that the discharge
was proper as issued and no changes are 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,
Enclosure
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