DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4607-08
26 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 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.
On 20 November 2002, you enlisted in the Navy at age 18.
On 12 February 2004, you were counseled regarding deficiencies
in your performance and conduct and warned that further
infractions could result in disciplinary action or an other
than honorable discharge. On 13 February and 29 October 2004,
you had nonjudicial punishment for failure to obey a lawful
order and insubordinate conduct. On 2 November 2004, you were
counseled regarding deficiencies in your performance and
conduct and warned that further infractions could result in
disciplinary action or administrative separation. On
5 November 2004, you received an emergency psychiatric
evaluation because you complained of having suicidal ideation.
On 15 November 2004, a psychiatric evaluation diagnosed you as
having a personality disorder not otherwise specified with
antisocial and borderline traits, and stated that although you
were not imminently suicidal or homicidal, you were a risk to
harm yourself or others if retained.
On 22 November 2004, your commanding officer initiated
administrative separation by reason of convenience of the
government due to the diagnosed personality disorder. In
connection with this processing you acknowledged the separation
action. On 23 November 2004, you were separated with a general
discharge by reason of convenience of the government due to a
personality disorder 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 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,
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