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NAVY | BCNR | CY2009 | 01320-09
Original file (01320-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

SIN

Docket No: 01320-09
22 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 15 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 reenlisted in the Navy on 10 January 1995 after two years of
honorable service. On 30 October 1995, you were medically
evaluated after having suicidal thoughts. -You were diagnosed
with a personality disorder and found to be a risk to harm
yourself and manifested a long-standing disorder of character and

behavior which was of such severity as to interfere with serving
adequately in the Navy.

On 1 November 1995, you were notified of pending administrative
separation action due to your diagnosed personality disorder.

You elected to waive the rights to consult counsel or to submit a
statement. You were so discharged on 4 December 1995. At that
time, you were assigned a RE-4 reenlistment code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
reenlistment code given your diagnosed personality disorder, and
risk of harm to yourself. 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 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. DEAN D R
Executive rarror

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