DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4582-08
12 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 11 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 15 June 1994, you enlisted in the Navy at age 18. On
28 June 1994, you received a psychiatric evaluation during
which you disclosed that you had suicidal ideation and cut
your wrist at age 16. The evaluation diagnosed you as having
a borderline personality disorder that existed prior to
enlistment and recommended administrative separation. On
29 June 1994, your commanding officer initiated administrative
separation by reason of convenience of the government due to
your diagnosed personality disorder. In connection with this
processing, you acknowledged the separation action. On
30 June 1994, the discharge authority approved the
recommendation and directed an entry level separation by reason
of convenience of the government due to a personality disorder.
On 7 July 1994, you were so discharged and assigned an RE-4
reenlistment code.
The Board considered the post service psychiatric evaluation
that you submitted with your application, but found that it
does not negate the diagnosis that you received while you were
in the Navy. Furthermore, regulations authorize assignment of
an RE-4 reenlistment code to members who are discharged due to
a diagnosed personality disorder and are considered a 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,
eR Feat
ROBERT ZSALMAN
Acting Executive Director
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