DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00709-08
21 January 2009
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 6 January 2009. 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
9 December 2002 at age 23. You served without incident for over
three years until 8 February 2006, when you were the subject of a
psychiatric evaluation. You were diagnosed with a borderline
personality disorder. The report further stated, in part, that
although you were not considered suicidal or homicidal, you
represented a continuing danger to yourself and others if
retained.
Based on the information currently contained in your record it
appears you were notified of pending administrative separation
action by reason of convenience of the government due to the
diagnosed personality disorder. It also appears you waived the
right to consult counsel, or submit a statement. As a result,
your commanding officer forwarded his recommendation for
discharge to the separating authority, and on 7 April 2006 you
received an honorable discharge. At that time, you were assigned
an RE-4 reenlistment code.
The Board noted that applicable regulations authorized the
assignment of an RE-4 reenlistment code to individuals who are
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. The Board thus 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,
is
W. DEAN PF
Executive ir or
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