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NAVY | BCNR | CY2008 | 06052-09
Original file (06052-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 06052-08
25 November 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 24 November 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 15 August 2006, and served without
disciplinary incident. However, your record shows that on your
separation evaluation, your commanding officer stated that you
had no potential for further productive service, were not
recommended for advancement or retention and had significant
problems. Your record is incomplete, however, it appears that
you were referred for a mental health evaluation and diagnosed
with a personality disorder. Therefore, on 24 August 2009, you
were separated with an honorable discharge and an RE-4
reenlistment code due to a personality disorder.

In June 2008, you petitioned this Board for a change to your RE-4
reenlistment code. Your record and reenlistment code are
presumed to be correct without any additional information to the
contrary. The Board noted that an RE-4 reenlistment code means
that your commanding officer did not recommend you for retention
due to your diagnosed personality disorder. However, the Board
also noted that if you can provide a copy of your father’s death
certificate and if it coincides with the period of when you were
separated from military service, the Board would reconsider your
case and allegation that you were separated due to hardship and
not because of a personality disorder.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your contention that you were separated due to hardship.
Nevertheless, at this time, the Board concluded these factors
were not sufficient to warrant a change to your reenlistment code
because of your diagnosed personality disorder. 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 PF
Executive D

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