DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04312-08
25 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 25 February 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.
You enlisted in the Navy on 14 August 1987, and served without
disciplinary incident. However, you received numerous
psychiatric evaluations for depression and suicidal ideation from
1987 to 1995. In July 1994, you were admitted to a mental health
facility for approximately one month for suicidal ideation and
were placed on Limited duty (LIMDU) for six months. In February
1995, you were released from LIMDU and were found fit. However,
on 1 March 1995, you were again admitted to a mental health
facility for the third time for suicidal ideation. on 14 March
1995, you were diagnosed with a depressive and borderline
personality disorder. On 23 May 1995, you received a physical
evaluation board (PEB) where you were found unfit for duty due to
your mental health status. You had the right to appeal the
decision, however, you accepted the findings of the PEB.
Therefore, you were separated in July 1995, with an honorable
discharge and an RE-3P reenlistment code due to your physical
disability. In addition, you were given severance pay for your
eight years of military service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your conduct while in service, the passage of time, and your
request to reenlist in the Naval Reserve. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change to your reason for separation or reenlistment code because
of your disability. 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,
N
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