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NAVY | BCNR | CY2007 | 10257-07
Original file (10257-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX   
         WASHINGTON DC 2O37O-5100


                           TRG
          Docket No:10257—07
          29 May 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 20 May 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 27 December 2004 at age 19. You completed initial training and in January 2005 you reported to your first duty station. The record shows that you were an unauthorized absentee for about eight days. Subsequently, you were referred for a psychiatric evaluation because you had expressed suicidal thoughts. It states in the evaluation that you expressed suicidal ideation and adamantly desired discharge. You were diagnosed with a personality disorder with borderline and passive aggressive features. The psychologist considered you at risk to harm yourself or others if retained in the Navy and recommended an expeditious administrative discharge.
Subsequently, you were processed for an administrative discharge. In connection with this processing, you elected to waive your procedural rights. After review, the discharge authority directed an honorable discharge by reason of the diagnosed personality disorder and you were so discharged on 16 December 2005. At that time you were not recommended for reenlistment and ~were assigned an RE-4 reenlistment code.
In support of your case, you have submitted a letter from a psychiatrist who states that he has reviewed the Navy documentation and believes that you were now fit for return to
 active duty.
The Board is aware that a personality disorder may only become manifest when an individual is under stress and you may not have been under stress at the time of your evaluation by the civilian psychiatrist. However, it is clear that you were having difficulties while in the Navy and were strongly recommended for separation.
Regulations allow for the assignment of an RE-4 reenlistment code when an individual is discharged based on a diagnosed personality disorder and such a code is required when there is a finding that an individual is at risk to harm themselves or others if retained in the service. The Board concluded that the reenlistment code was proper as assigned and no change is 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,


W. DEAN PFEIFFER
                           Executive Director

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