DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 2070-08
23 January 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 22 January 2009. The names and votes of the
members of the panel will be furnished upon request.
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 on 27 April 2004 at age 19. About five
months later, during the period from 9 to 15 September 2004, you
were referred for psychiatric evaluations because you had cut
your forearm with a razor. You were diagnosed with a major
depressive disorder, dependent personality disorder, and
occupational, social, and familial stressors, all of which
existed prior to your enlistment. You were found to be a
Significant and ongoing risk to yourself and others due to your
poor coping skills, excessive fear and worry, and low impulse
control. The record reflects that you were treated with Zoloft
for these disorders, but stopped your treatment so that you could
enlist in the Navy. Nevertheless, you were recommended for an
expeditious administrative separation due your three year history
of depression. At that time, you were not recommended for
retention.
As a result of the foregoing, on 21 September 2004, you were
notified of pending administrative separation action by reason of
convenience of the government due to the diagnosed personality
disorder and fraudulent entry as evidenced by your failure to
disclose your history of consultation with mental health
professional. Subsequently, the discharge authority directed
discharge under honorable conditions, and on 29 November 2004
you were issued a general discharge by reason of convenience of
the government due to personality disorder and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code so that
you may reenlist. It also considered the civilian psychiatric
and medical documentation provided in support of your request.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your reenlistment code because
of the severity of your diagnosed personality disorder, failure
to disclose your mental health history, and the nonrecommendation
for reenlistment and/or retention. Accordingly, your application
has been denied.
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, na
\S
W. DEAN PFE
Executive Di Kor
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