DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00140-09
18 May 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 14 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.
The Board found that you enlisted in the Marine Corps on 27
November 2006. You were hospitalized on 11 September 2007 after
you expressed suicidal thoughts. You were thought to be
suffering from anxiety and major depression at that time, and
were prescribed Zoloft, which is used for the treatment of
depression and certain anxiety conditions. On 3 October 2007,
the 2d Marine Division psychiatrist gave you a diagnosis of a
personality disorder and recommended that you be
administratively separated from the Marine Corps because of that
condition,
After being advised of your rights in connection with the
proposed separation, you declined to consult with counsel or to
submit statements in rebuttal. In a letter dated 16 January
2008, your battalion commander stated that he had personally
interviewed you, and that you had expressed a strong desire to
be separated from the Marine Corps. You were discharged by
reason of a personality disorder on 8 February 2008, with a
general discharge. You were assigned a reentry code of RE-3P.
On 19 May 2008, the Department of Veterans Affairs (VA) denied
your request for entitlement to vocational rehabilitation. You
underwent a psychiatric evaluation at a VA facility on 9 July
2008. The psychiatrist who conducted the evaluation found no
evidence of a psychiatric disorder, and made no diagnoses on
Axis I, clinical disorders, or Axis II, personality disorders.
On 23 September 2008, the VA denied your requests for a
“nonservice-connected pension” and service connection for a
personality disorder.
The Board concluded that the findings made by the VA
psychiatrist in your case on 9 July 2008 are insufficient to
demonstrate that the diagnosis of a personality disorder made by
the division psychiatrist is erroneous or unjust. In addition,
the Board concluded that in view of your suicidal ideation and
symptoms of anxiety and depression, you should not be permitted
to reenlist without first obtaining a waiver of physical
disqualification. Accordingly, and as RE-3P is the most
favorable reentry code that may be assigned to a Marine
discharged by reason of a personality disorder, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
The Board did not consider your request for upgrade of your
discharge and modification of the narrative reason for your
separation, as you failed to exhaust an available administrative
remedy by applying to the Naval Discharge Review Board for that
relief. A DD Form 293, Request for Review of Discharge or
Dismissal from the Armed Forces, is enclosed. You may reapply
to this Board- after the NDRB has acted on your 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,
(Set S
ROBERT D. ALMAN
Acting Executive Director
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