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NAVY | BCNR | CY2008 | 08546-08
Original file (08546-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMS
Docket No: 8546-08
28 May 2009

 

Src Eee SE ORE

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

27 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 24 October 1991, you enlisted in the Navy at age 19. Based on the
information currently contained in the record your commanding officer
subsequently initiated administrative separation by reason of
convenience of the government due to other physical/mental condition
because of a diagnosed personality disorder, and recommended an
honorable characterization of service. In connection with this
processing, you would have acknowledged the separation action and
been given an opportunity to submit a statement. Apparently, the
separation authority approved the discharge recommendation and
directed an honorable discharge by reason of convenience of the
government due to other physical/mental condition due to a
personality disorder. On 19 June 1992, a service record entry was
made which stated that you were not recommended for reenlistment due
to being discharged for other physical/mental condition due to a
personality disorder, and were assigned an RE-4 reenlistment code.

On 24 June 1992, you were honorably discharged by reason of
convenience of the government due to other physical/mental condition
due to a personality disorder 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 honorable
characterization of service. The Board also considered the
professional opinion that you provided with your application as well
as your disagreement with your reason for separation and reenlistment
code. Nevertheless, the Board concluded that these factors 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 other physical/mental condition due toa
personality disorder, and subsequent evaluations or professional
opinions do not negate the basis for which you were separated.
Furthermore, although a service record entry shows that you were
assigned an RE-4 reenlistment code, the DD Form 214 that was issued
on the date of discharge shows that you were assigned an RE-3G.
Regulations authorize assignment of an RE-3G reenlistment code to
service members who are discharged due to other physical/mental
condition due to a personality disorder, and it is not considered
derogatory. 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 PFEI
Executive Ditéec

AS

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