DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4550-08
5 February 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 4 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.
On 16 January 2007, you enlisted in the Navy at age 20. On
22 and 31 May 2007, you received mental health care for anxiety
and bereavement, which resulted in a psychiatric evaluation
finding that you abused alcohol and a diagnosis of having a
personality disorder and adjustment disorder with a depressed
mood. The evaluation stated that you were unsuitable for
further service due to the diagnoses, and that although you
were not currently considered a risk, you could have become
dangerous to yourself or others if retained.
On 21 June 2007, 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 25 June 2007, the separation authority approved the
recommendation and directed an entry level separation by reason
of convenience of the government due to a personality disorder.
On 5 July 2007, 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 and are considered a potential risk to harm themselves
or others if retained. 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,
W. DEAN P R
Executive tor
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