DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
"2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01961-09
10 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 9 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
20 September 1995, at age 22. On 25 March 1996, you received
nonjudicial punishment (NJP) for being absent from your appointed
place of duty. On 11 September 1997, a mental health evaluation
was conducted, and you were given a diagnosis of having a
depressed mood and a personality disorder. Based on the mental
health evaluation, you were processed for separation by reason of
a diagnosed personality disorder. 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 24 September 1997, you were
discharged with an honorable discharge by reason of a diagnosed
personality disorder. At that time, you were assigned a
‘reenlistment code of RE-4.
In the review of your application, the Board considered all
mitigating factors, such as your youth. However, the Board found
these factors were insufficient to warrant changing your
reenlistment code due to your misconduct and diagnosed
personality disorder. The Board noted that applicable
regulations authorize the assignment of an RE-4 reenlistment code
to individuals who are separated due to medical conditions that
interfere with duty performance. The Board thus concluded that
there igs no error or injustice in your reenlistment
Accordingly, your application has been denied.. The
votes of the members of the panel will be furnished
It is regretted that the circumstances of your case
favorable action cannot be taken. You are entitled
code.
names and
upon request.
are such that
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,
lo a,
W. DEAN P
Executive Di
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