DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3428-09
28 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 13 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 Navy and began a period of active duty on |
24 January 2006 at age 21. On 7 May 2008, you were the subject
of a psychiatric evaluation that diagnosed you with a severe
antisocial personality disorder that existed prior to entry into
the service. During the evaluation it was stated, in part, that
you had a long history of antisocial behavior, and that if you
went to war and killed people you may not be able to stop
yourself from continuing this behavior once you returned. You
thought harming people or killing them should be done face to
face, and preferably, in hand to hand combat. You admitted that
you could be hired to kill amyone even your own family. On 16
May 2008, you were notified of pending administrative separation
action due to your diagnosed personality disorder. On 30 May
2008, your commanding officer directed that you be separated by
reason of your diagnosed personality disorder. You were
honorably discharged on 3 June 2008. At that time you’were
assigned an 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 the diagnosis of a personality disorder,
your pre-service history of antisocial behavior and desire to
harm people. 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,
Executive D
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