DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4317-08
19 March 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 18 March 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 5 November 2001, you enlisted in the Navy at age 18. On
28 November 2001, you received medical treatment for pain to
your feet, disclosed that you were upset due to personal
issues, and stated that you may need to go home. At that time,
it was noted that you had no psychosis or gross cognitive
impairment. You subsequently received a psychiatric assessment
which indicated that you had no suicidal or homicidal ideation,
had logical thought control, and no family history of
psychiatric problems. It appears that administrative
separation criteria was subsequently established for you to be
considered for a convenience of the government discharge, but
that information is not currently contained ii) the record.
Tt also appears that your commanding officer initiated
administrative separation by reason of convenience of the
government due to a diagnosed personality disorder. In
connection with this processing, you would have acknowledged
the separation action and been given an opportunity to submit a
statement. Apparently, the separation authority approved the
recommendation and directed an honorable discharge by reason of
convenience of the government due to a personality disorder.
On 9 May 2002, 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, fail to meet retention criteria, or are not
recommended for retention. The Board considered your
contention that you were never diagnosed as having a
personality disorder and that you do not know why you were
discharged. However, the Board noted that administrative
separation criteria had to have been established to initiate
such action, and further noted that you had other medical
problems after you enlisted that interfered with your duties,
and you have provided no evidence to show that you are now
qualified for reenlistment. 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.
The Board did not consider whether your reason for separation
should be changed, since you have not exhausted your
administrative remedy. You may submit the attached Application
for the Review of Discharge or Dismissal from the Armed Forces
of the United States (DD Form 293) to the Naval Discharge
Review Board for consideration of such a 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,
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