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NAVY | BCNR | CY2008 | 07362-08
Original file (07362-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SN

; Docket No: 07362-08
. ; 16 June 2009

 

 

 

Dear ee ari ae

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 10 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

26 June 2001 at age 18. Based on the information currently
contained in your record it appears that you served without
incident for over three years until you were diagnosed with a
personality disorder. Additionally, 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 15 July 2004, you signed an enlisted evaluation covering the
period from 16 June 2003 to 15 June 2004, which did not recommend
you for retention. You were honorably discharged and 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, the character letters accompanying your
application, and your contention that your RE-4 reenlistment code
was never explained to you. Nevertheless, the Board found i that
these factors were not sufficient to warrant a change in your
reenlistment code given the diagnosis of a personality disorder.
An RE-4 reenlistment code is routinely assigned under such
circumstances. With regard to your contention, the record shows
that, on 15 July 2004, you signed an administrative remarks page
acknowledging why you were receiving a restrictive 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,

WR QATAR

FoHW. DEAN EIFFER
Executive Director

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