DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1644-08
9 July 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 24 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You initially enlisted in the Navy on 18 May 1987 and then served
in an excellent manner for about 12 years. On 1 June 1999 you
were convicted by civil authorities of driving under the
influence of alcohol. on 25 August 1999 you were admitted to a
naval hospital for a psychiatric evaluation and remained there
until 30 August 1999. On release you were diagnosed with a
Single episode of major depressive disorder of moderate severity
and a personality disorder. The psychiatrist believed that your
condition was of such severity that you were incapable of serving
adequately in the Navy. Accordingly, an administrative
discharge was recommended.
On 5 October 1999 you were notified of separation processing by
reason of misconduct due to your conviction by civil authorities
and was also based on the diagnosed personality disorder. In
connection with this processing, you elected to waive the right
to have your case heard by an administrative discharge board.
After review, the separation authority directed an honorable
discharge based on the diagnosed personality disorder and you
were so discharged on 22 October 1999. At that time, you were
assigned an RE-3G reenlistment code.
In its review of your application the Board carefully weighed all
, Such as your lengthy period of
good service and your contention, in effect, that you only agreed
se you wanted to
recommendation for.an administrative discharge. Given the
passage of time, no other information is available. Therefore,
the Board concluded that you were properly discharged by reason
of the diagnosed personality disorder and a change in the reason
for your discharge is not warranted.
Regulations allow for the assignment of an RE-3G or an RF-4
reenlistment code when an individual is discharged by reason of a
diagnosed personality disorder. Since you were assigned the
least restrictive reenlistment code authorized by regulations,
there is no basis fora change in that 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,
\D un Qe
W. DEAN PFETE
Executive Di
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