DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 07070-08
16 June 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. :
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A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 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 and began a period of active duty on
1 June 1990 at age 21. On 25 January 1991, you received
nonjudicial punishment (NUP) for wrongful disposition of military
property. On 26 January 1991, after being diagnosed with a
personality disorder manifested by your inconsistent performance,
being distracted, and failure to complete your assigned tasks,
you were counseled and warned that further deficiencies in your
performance or conduct could result in administrative discharge
action.
On 24 July 1992, you were admitted to the hospital for having an
episode of acute depression due to your ship getting underway.
You were diagnosed with an immature personality disorder. You
were found fit for full duty and responsible for your behavior.
At that time, it was found that you had no psychiatric
contraindication to being administratively separated from the
service. However, on 29 July 1992, you were admitted to the
hospital after stating that you could not take being at sea and
were stressed out. At that time, there was evidence of acute
psychiatric disorder, and it was noted that you had threatened to
hurt yourself by cutting your wrists.
It appears you were notified of pending administrative separation
action by reason of convenience of the government due to the
diagnosed personality disorder. You elected to waive the rights
to consult counsel, or submit a statement. On 24 September 1992,
you received an honorable discharge due to the diagnosed
personality disorder. At that time, you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and character letter accompanying your
application. Nevertheless, the Board found that these factors
were not sufficient to warrant a change in your reenlistment code
given the diagnosis of a personality disorder and NUP. An RE-4
reenlistment code is routinely assigned under such circumstances.
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,
\4 4
W. DEAN PFE ee
Executive Di
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