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NAVY | BCNR | CY2008 | 07925-08
Original file (07925-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMS
Docket No: 7925-08
8 May 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

6 May 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.

On 23 September 1987, you enlisted in the Navy at age 23 and served
without incident for more than 20 months. On 21 July 1989, a
psychiatric evaluation diagnosed you as having an antisocial
personality disorder and an adjustment disorder with a depressed and
anxious mood. On 26 July 1989, your commanding officer initiated
administrative separation by reason of convenience of the government
due to other physical or mental conditions because of a personality
disorder. In connection with this processing, you acknowledged the
separation action and that it could result in a general discharge.
On 28 July 1989, your commanding officer directed an honorable
discharge by reason of convenience of the government due to other
physical or mental conditions because of a personality disorder.

On 28 July 1989, you were so discharged and assigned an RE-3G
reenlistment code.

The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your period of
good service and current enlistment in the Navy Reserve. The Board
also considered your explanation that you wanted to be discharged
because of personal problems, but did not agree with the reason for
separation. Nevertheless, the Board concluded that these factors and
explanation were not sufficient to warrant changing the reason for
discharge or reenlistment code. In this regard, the record shows
that you were discharged as a result of a psychiatric evaluation that
diagnosed you as having a personality disorder, and subsequent
evaluations or reenlistment in the armed forces do not negate it.
Furthermore, regulations authorize assignment of an RE-3G
reenlistment code to service members who are discharged due to other
physical or mental conditions, and it is not considered derogatory
and as you have found, may be waived for reenlistment. Therefore,
the Board concluded that the reason for separation and reenlistment
code were proper as issued and no change is warranted. 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 NT RE RR
Executive Dikdadkor

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