DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 2099-08
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 8 February 2001 at age 30. About a
year later, on 15 February 2002, you received nonjudicial
punishment (NJP) for forgery. The punishment imposed was a
reduction to paygrade E-2.
On 6 August 2002 you were referred for a psychiatric evaluation
to determine your fitness for duty. You were diagnosed with an
adjustment disorder and a personality disorder with narcissistic
personality traits, occupational problems, and a longstanding
character and behavior disorder of such severity as to interfere
with your serving further active duty. You were found to be
unsuitable for further service and recommended for an expeditious
administrative separation.
In spite of the foregoing recommendation, on 17 September 2002,
you were retained in the Navy. You were then advised of the
deficiencies in your performance and the requirements for
immediate improvement. You were also warned that failure to
improve your performance could result in an administrative
separation. Nonetheless, on 3 December 2002, you were
recommended for an administrative separation because there was no
improvement in your performance. At that time, you were not
recommended for retention. As a result, you were notified of
pending administrative separation action by reason of convenience
of the government due to the diagnosed personality disorder.
Subsequently, the discharge authority directed an honorable
discharge and on 15 December 2002 you were so discharged 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 desire to change your reenlistment code so that you may
reenlist, assertion of wrongful separation, and the documents
provided in support of your case. 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 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,
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