DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3523-08
19 February 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 18 February 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 19 September 2001 at age 18 and
served without disciplinary incident.
On 5 February 2003 you were referred for a psychiatric evaluation
because of overwhelming relationship problems caused by reports
of an unfaithful spouse. As a result, you were referred for
mental health treatment. On 10 February 2003 you disclosed a
history of suicide attempts, current suicidal ideation without
plans or intent for self-harm, depressed moods, poor retention
motivation, and continued frustration and distress. The
psychiatric report stated, in part, that although you contracted
for safety, you stated that if you could not get out of the Navy,
you could not guarantee your safety. Subsequently, you were
diagnosed with « personality disorder end recommended for an
administrative separation,
On 13 February 2003 you were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed personality disorder. At that time you did not
object to the discharge. Subsequently, your commanding officer
recommended discharge by reason of convenience of the government
due to the diagnosed personality disorder. On 19 February 2003
the discharge authority approved this recommendation and directed
an honorable discharge. On 27 February 2003 you were so
discharged and assigned an RE-3G 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 reenlist code. It also
considered the documentation from a licensed psychologist and the
character reference questionnaire provided in support of your
case. Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your reenlistment code because
of your diagnosed personality disorder. Finally, Sailors
discharged by reason of a personality disorder would normally be
assigned an RE-4 reenlistment code. In this regard, you were
assigned the most favorable reenlistment code for your situation.
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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