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NAVY | BCNR | CY2008 | 06578-08
Original file (06578-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMS
Docket No: 6578-08
5 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 4 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 26 June 2006, you enlisted in the Marine Corps at age 19.
You were subsequently diagnosed as having a personality
disorder. On 12 June 2007, 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 acknowledged the
separation action. Your commanding officer's endorsement
referenced your contention regarding the Revolutionary Armed
Forces of Columbia (FARC) and also stated that you had been
hospitalized for suicidal ideation. On 19 July 2007, the
separation authority approved the recommendation and directed a
general diseharge by reason of convenience of the government
due to a diagnosed personality disorder and assignment of an
RE-4 reenlistment code. On 27 July 2007, you were so
discharged. At that time your proficiency and conduct mark
averages were both 4.5. On 6 August 2008, Headquarters Marine
Corps changed your reenlistment code to RE-3P vice the RE-4
that was actually assigned on 27 July 2007.

The Board agreed with Headquarters Marine Corps' change to your
reenlistment code and found that regulations authorize
assignment of an RE-3P reenlistment code to members who are
discharged and fail to meet a physical or medical standard.
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-3P 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 considered the evidence that you submitted and your
factual statement, but found that you have not exhausted your
administrative remedy regarding whether your characterization
of service or reason for separation should be changed. 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 an upgrade of your discharge as well as the
reason for separation.

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,

Whurde

W. DEAN PF F
Executive Diiyector

Enclosure

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