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NAVY | BCNR | CY2009 | 02307-09
Original file (02307-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

TUR
Docket No: 2307-09
17 February 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 17 February 2010. The names and votes of the
members of the panel will be furnished upon request.

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 on 2 February 1999 at age 20 and served
without disciplinary incident until 29 November 1999, when you
received nonjudicial punishment (NUJP) for failure to obey a
lawful order.

On 22 January 2001, after undergoing a psychiatric evaluation,
you were diagnosed with alcohol abuse and a personality disorder
with avoidant features. The psychiatric report stated, in part,
that you posed a serious threat to the safety and wellbeing of
yourself and others, and as such rendered you incompatible with
military service. You were also recommended for an expeditious
administrative separation.

Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to your diagnosed
personality disorder. The discharge authority directed discharge
under honorable conditions, and on 16 February 2001, you were
issued a general discharge and were assigned an RE-4 reenlistment
code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change the narrative reason for
separation and reenlistment code so that you may reenlist in the
armed forces. It also considered your assertion that you would
like to be eligible to use the benefits of the Montgomery GI
Bill. Nevertheless, the Board concluded these factors were not
sufficient to warrant changes in the narrative reason for
separation or reenlistment code because of your diagnosed
personality disorder and incompatibility with military service.
Finally, there is documented evidence in the record which ig
contrary to your assertion that you do not have a personality
disorder. Accordingly, your application has been denied.

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
Executive

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