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NAVY | BCNR | CY2009 | 03017-09
Original file (03017-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 REC

Docket No: 03017-09
25 January 2010

 

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 20 January 2010. 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 Marine Corps and began a period of active
duty on 12 September 1989, at age 18. You served honorably and
were released from active duty on 10 September 1993. On

6 November 2000, you reenlisted in the Navy and began a period of
active duty on 6 November 2000, at age 29. During the evaluation
period of 23 January through 31 August 2001, you were not
recommended for retention. On 24 June 2003, a mental health
evaluation was conducted, and you were given a diagnosis of
having a depressive disorder, and a personality disorder with
narcissistic, borderline and antisocial traits. 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 July 2003,

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 it’s review of your application, the Board considered all
potentially mitigating factors, such as your youth. However, 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 authorize
the assignment of an RE-4 reeniistment code to individuals who
are separated due to medical conditions that interfere with duty
performance. 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,

\ySesha

Executive D r

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