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NAVY | BCNR | CY2009 | 01269-09
Original file (01269-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN

Docket No: 01269-09
8 December 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 1 December 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

28 November .2000.,. On 17 January 2001, you received nonjudicial
punishment (NJP) for five days of unauthorized absence. On

19 April 2001, you were seen at a Navy hospital’ emergency room
after reporting thoughts of suicide. You were admitted, and on
11 May 2001, after stating that you had a longstanding history of
thoughts of suicide, were diagnosed with depression and a
personality disorder that existed prior to your entry into the
Navy. The report further stated, in part, that you had shown an
ebvious inability to adapt to the military, as manifested by your
Misconduct as well as your suicidal ideation and psychiatric
hospitalization.

On 25 May 2001, you were notified of pending administrative
separation action due to your diagnosed personality disorders,
which followed your hospitalization for thoughts of suicide.

You elected to waive the rights to consult counsel or to submit.a
. Statement. You were honorably discharged on 15 June 2001. 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 length of
service and five contentions. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
reenlistment code due to your NUP, the diagnosed personality
disorders, and your suicidal ideation. An RE-4 reenlistment code
is routinely assigned under such circumstances. Concerning your
contentions, there is no évidence in the record to support them,
and you submitted no such evidence. 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,

W. DEM PENT

Executive Di

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