DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DG 20370-5100 Docket No: 8574-08
4 March 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 18 February 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.
You enlisted in the Navy on 22 December 1997 at age 18.
Subsequently, you completed initial training and on 2 March 1999
you reported to your first duty Station. The documentation to
Support your discharge processing is not filed in your service
record. However, the record shows that on 28 June 1999 you were
separated with a general discharge by reason of a diagnosed
personality disorder and were assigned an RE-4 reenlistment code.
In support of your case, you have submitted a psychiatric
evaluation performed by a Navy Reserve psychiatrist in December
2000. He concluded that you did not have a personality disorder
but possibly an adjustment disorder. You have also submitted a
statement from your former commanding officer who points out that
the ship was in dry dock and living conditions were difficult.
These conditions caused several sailors to refer themselves for a
psychiatric evaluation which resulted in 10 sailors being
discharged. He believes that these Sailors acted rashly due to
the unfavorable environment and they did not have any significant
psychological problems that would preclude Navy service. He
states that you admitted that you had fabricated maladies in
order to get off the ship and out of the Navy. However, after
talking to you he has no reservations about recommending a change
in the reenlistment code.
The Board is aware that a personality disorder may only become
manifest when an individual is under stress and you were not
under stress at the time of the evaluation after your discharge
or in your discussions with your former commanding officer.
Further, it is well settled in the law that an individual who
perpetrates a fraud in order to be discharged should not benefit
from it when it is discovered. Although the separation
documentation is not available, the Board assumed that you were
properly diagnosed with a personality disorder and discharged.
Further, there must have been some unknown negative factor which
resulted in the issuance of a general rather than an honorable
discharge. The Board concluded that the RE-4 reenlistment code
was properly assigned 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.
The Board is prohibited by law from reviewing characterization of
service and reason for discharge of individuals discharged less
than 15 years ago unless those issues have been considered and
denied by the Naval Discharge Review Board.
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,
NAVY | BCNR | CY1999 | 07743-98
In the performance evaluation for You were Regulations allow for the assignment of an RE-4 reenlistment code when an individual is discharged due to a diagnosed personality disorder. evaluations and the psychologist's opinion that you could be at risk to harm yourself or others were sufficient to support the decision not to recommend you for reenlistment and to assign you an RE-4 reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2008 | 07070-08
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. On 24 September 1992, you received an honorable discharge due to the diagnosed personality disorder. 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.
NAVY | BCNR | CY2002 | 08364-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 September 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. Mental Health Evaluation, Ship’s Psychologist. Separation Physical: Answered “yes” to having attempted suicide prior to enlistment.
NAVY | BCNR | CY1999 | 07974-97
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NAVY | BCNR | CY2002 | 04334-01
Documentary material considered by the Board your 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. the Physical Evaluation Board (PEB) made preliminary findings that you were unfit for duty because of post traumatic stress disorder and major depression, which existed prior to your enlistment, and were not aggravated by your service. ...
NAVY | BCNR | CY2002 | 007176-0
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NAVY | DRB | 2003_Navy | ND03-00729
“On behalf of the above referenced applicant, and in accordance with 32 C.F.R., section 724.166; SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the following informal comments; and/or issue(s). Evaluation done by Dr. N_ who recommended pt be administratively separated from the Navy. It is possible that due to her adjustment disorder or depressive disorder NOS triggered by occupational stress, that...
NAVY | BCNR | CY2001 | 01680-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | DRB | 2004_Navy | ND04-00558
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. He became angry and had thoughts of striking the supervisor and of suicide. The Applicant was diagnosed with a personality disorder by a competent medical authority on 980812.
NAVY | BCNR | CY2007 | 10510-07
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 on 24 October 2006 at age 20. As a result, you were recommended for an...