DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 09027-08
29 July 2009
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.
You enlisted in the Navy and began a period of active duty on
3 August 1994 at age 19. On 27 April and 11 May 1995, you
received nonjudicial punishment (NUP) for incapacitation for the
proper performance of duty and 10 specifications of failure to go
to your appointed place of duty. on 31 May 1995, you were
diagnosed with a personality disorder, ‘The report stated, in
Part, that you had suicidal ideation, you would have been happier
being out of the Navy, and although you were not suicidal or
homicidal, you were a continued risk to do harm to yourself or
others,
On 2 June 1995, you were processed for separation by reason of
convenience of the government due to the diagnosed personality
disorder. On 18 October 1972, you elected to receive copies of
documents to be forwarded to the separation authority, but waived
all other procedural rights. On 2 June 1995, your commanding
officer forwarded your case to the separation authority,
recommending a general discharge. However, the separation
authority directed an honorable discharge based on type warranted
by service record. You were so discharged on 14 June 1995. At
that time you were assigned an RE-4 reenlistment code.
Applicable regulations authorize the assignment of an RE-4
reenlistment code to individuals who are separated due to a
diagnosed personality disorder. The Board noted the diagnosed
personality disorder, suicidal ideation, and the fact that you
were a risk to harm yourself and others. Based on the foregoing,
the Board concluded that there is no error or injustice in your
reenlistment code given the diagnosed personality disorder.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Tt 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 PFE
Executive D or
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