DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 00598-09
24 November 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 24 November 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
30 October 2007, at age 22. On 8 Pebruary 2008, you were
admitted to the inpatient psychiatric unit at North Chicago
Veterans Affairs Hospital, Illinois, for a mental health
evaluation. You were diagnosed with a personality disorder, with
depression and suicidal ideation and were a risk to harm others,
that existed prior to your entry into the service. You were
counseled regarding your condition, and advised to seek treatment
after separation. Based on the mental health evaluation, you
were processed for separation by reason of other physical and
mental conditions due to your diagnosed personality disorder. On
29 February 2009, after you were advised of your rights, you
elected to receive copies of documents to be forwarded to the
separation authority, but waived all your other procedural
rights. Subsequently, on 18 March 2009, you were discharged with
an entry level separation by reason of your personality disorder.
Bt that time, you were assigned a reenlistment code of RE-4.
In it’s review of your application, the Board considered all
mitigating factors, such as your youth and record of service.
Nevertheless, the Board found these factors were insufficient to
warrant changing your reenlistment code due to your diagnosed
personality disorder. The Board noted that applicable
regulations require the assignment of an RE-4 reenlistment code
to individuals who are separated due to entry level separation
based on medical conditions that existed prior to entry into the
service. The Board thus concluded that there is no error or
injustice in your reenlistment code. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon 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,
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