DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3810-08
16 January 2009
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 14 January 2009. 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. ,
On 30 August 2005, you enlisted in the Navy at age 27. on
11 May 2006, a psychiatric evaluation diagnosed you as having
schizophrenia and a paranoid personality disorder, and also
stated that you were unsuitable for continued military service.
On 25 May 2006, your commanding officer initiated
administrative separation by reason of convenience of the
government due to a personality disorder. In connection with
this processing, you acknowledged the separation action. On
7 June 2006, the separation authority approved the
recommendation and directed an honorable discharge by reason of
convenience of the government due to a personality disorder.
On 28 June 2006, you were so discharged and assigned an RE-4
reenlistment code.
Regulations authorize assignment of an RE-4 reenlistment code
to members who are discharged due to a diagnosed personality
disorder. The Board considered your post service psychiatric
treatment records that you provided, but concluded that such
treatment would not negate your in-service psychiatric
evaluation that found you unsuitable for further service.
Since you have been treated no differently than others in your
Situation, the Board could not find an error or injustice in
the assignment of the RE-4 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,
\o
W. DEAN
Executive
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