DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 324-08
21 August 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 August 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 17 July 2006, you enlisted in the Navy at age 18. On
21 November 2006, you had nonjudicial punishment for a three
day period of unauthorized absence. On 29 March and
4 April 2007, you received psychiatric evaluations that
diagnosed you as having an adjustment and personality disorder
not otherwise specified. On 23 April 2007, the commanding
officer of the Naval Hospital recommended that you be
expeditiously discharged due to these diagnoses and assignment
of an RE-4 reenlistment code. On that same date, your
commanding officer initiated an administrative separation by
reason of convenience of the government due to a personality
disorder. In connection with this processing, you acknowledged
the separation action and declined to submit a statement. On
11 May 2007, you were separated with a general discharge by
reason of convenience of the government due to a personality
disorder and assigned an RE-4 reenlistment code.
Regulations authorize the assignment of an RE-4 reenlistment
code to members who are discharged due to a personality
disorder. Since you have been treated no differently than
others in your situation, the Board could not find an error or
injustice in the assignment of the RE-4 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,
Ret SY oe
ROBERT D. ZSALMAN
Acting Executive Director
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