DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
SJN
* Docket No: 08373-08
29 July 29099
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 21 July 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
14 July 2004. You served without incident for over two years
until the period from 16 March to 27 May 2005, when you were
medically evaluated. On 11 April 2007, the record shows that you
were diagnosed with a Personality, Dysthymic, and Attention
Deficit Disorder, which existed prior to entry with a history of
treatment which was not disclosed during your enlistment process.
On 17 April 2007, you were notified of pending administrative
“separation action due to your diagnosed personality disorder.
You elected to waive the rights to consult counsel, submit a
Statement or have your case heard by an administrative discharge
board. On 17 April 2007, your commanding officer directed that
you be discharged under honorable conditions. You were so
discharged on 20 April 2007. At that time, you were assigned a
RH-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. 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 the fact that you were found unsuitable to work in any
capacity due to your impulsivity and risk of harm to yourself or
others. 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.
Consequentiy, 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,
Ly Deon
W. DEAN PFE
Executive Di
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