DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 09082-08
30 July 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 28 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
15 October 2002 at age 18. You served without incident for over
three years until 29 March 2006, when you were medically
evaluated and diagnosed with a personality disorder. The report
further stated, in part, that you were found to be unsuitable for
military service, the disorder was so severe as to significantly
impair your effective functioning in a naval environment, and
while you were not in imminent danger, you possessed a threat to
yourself and others.
On 31 March 2006, 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 (ADB). You received an honorable discharge on 7 April
2006. At that time, you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and letters from the Alpine Clinic and
Innovative Medicine. 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 a Naval
environment. The assignment of 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 reguest.
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 1s 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.
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