DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 3504-08
12 December 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 2 December 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 enlisted in the Navy on 20 July 2005 at age 19. At that time
you were paid an enlistment bonus of $4000. On 25 April and 10
November 2006 you received nonjudicial punishment for
unauthorized absence, being drunk on duty, disrespect and
treating a chief petty officer with contempt. Additionally, on
21 September 2006, you were counseled concerning malingering,
alcohol abuse and failure to adapt to naval service.
Subsequently, you were referred for a psychiatric evaluation.
after evaluation you were diagnosed with a personality disorder
with antisocial and borderline traits. Since you were clearly
having difficulties coping with stress, your expeditious
administrative discharge was recommended. On 5 February 2007 you
were notified of separation processing and elected not to contest
thig action. After review, the separation authority directed a
general discharge and you were 80 discharged on 24 April 2007.
At that time, you had completed about 21 months of active
service. Further you were not recommended for reenlistment and
were assigned an RE-4 reenlistment code.
Regulations allow for the assignment of an RE-4 reenlistment code
when an individual ig discharged based on a diagnosed personality
disorder. Given your disciplinary record and poor performance of
duty, the Board concluded that the decision not to recommend you
for reenlistment and to assign the RE-4 reenlistment code was
proper and a change in the reenlistment code was not warranted.
It is clear that you were paid the $4,000 enlistment bonus in
exchange for 48 months of service. Since you only completed
about 21 months of active service you became indebted for the 27
months you did not serve. Since you have been treated no
differently than others in your situation, the Board could not
find an error or injustice in the collection action taken by the
Defense Finance and Accounting Service.
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,
Seu Se i
WwW. DEAN PFEN FF
Executive Dibe r
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