DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 11385-08
24 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 17 June 2009. The names and votes of the
members of the panel will be furnished upon request.
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 on 25 September 1986 at age 18 ana
began a period of active duty on 10 November 1286. During the
period from 1 to 15 May 1987, while in recruit training, you were
referred for a psychiatric evaluation due to your statement of
your desire to commit suicide as a means of getting out of the
Navy. You were diagnosed with a severe mixed personality
disorder with passive aggressive and borderline features which
rendered you unsuitable for productive military service. Your
disorder was found to be untreatable with conventional therapy
and would likely result in ongoing occupational maladjustments.
You were found to be unfit for further service and recommended
for an expeditious administrative separation.
On 5 May 1987 you were notified of pending administrative
separation by reason of convenience of the government due to the |
diagnosed personality disorder with suicidal ideation. At that
time you did not object to the separation and waived your right
to submit a rebuttal statement to the aforementioned
notification. On 21 May 1987 the separation authority directed
discharge under honorable conditions by reason of convenience of
the government due to a physical or mental condition as evidenced
by a diagnosed severe personality disorder. On 28 May 1987 you
acknowledged, by signing an administrative remarks entry, that
you were not eligible for reenlistment due to the diagnosed
personality disorder. On 30 May 1987 you were issued a general
discharge and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to change your narrative reason for separation
and reenlistment code, post service conduct, character reference
letters, and the passage of time. It also considered the
psychiatric center documentation you provided in support of your
case. Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your narrative reason for
separation or reenlistment code. Further, the Board concluded
that the severity of your diagnosed personality disorder was
sufficient to support the assignment of an RE-4 reenlistment
code. Finally, such a code is authorized by regulatory guidance
and normally assigned to Sailors who are separated, while serving
in paygrade E-1 and are not recommended for reenlistment due to
their physical or mental condition. Accordingly, your
application has been denied.
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,
Yen |
W. DEAN PF R
Executive rector
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