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NAVY | BCNR | CY2009 | 03096-09
Original file (03096-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC
Docket No: 03096-09
15 April 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 14 April 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 Navy and began a period of active duty on

7 June 1990. On 17 December 1991, a mental health evaluation was
conducted, and you were given a diagnosis of having an adjustment
disorder, depressed mood, suicidal ideation with gestures, and
superficial lacerations om your wrist which were cut by razor
blades. 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. on

10 January 1992, you were separated by reason of a diagnosed
personality disorder. At that time, you were assigned a

reenlistment code of RE-4.

In the review of your appiication, 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 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 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,

W. .DEAN PF
Executive Di

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