DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5261-09
16 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 7 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
3 February 1988 at age 19. On 31 October 1988, you were admitted
to the Navy Hospital, Orland, Florida, and were the subject of a
psychiatric evaluation that diagnosed you with a mixed
personality disorder with obsessive compulsive and schizoid
features. During the evaluation it was stated, in part, that you
suffered from decreased appetite and disturbed concentration,
felt overwhelmed by these feelings and considered suicide on
several occasions. On 16 November 1988, you received nonjudicial
punishment (NJP) for two instances of failure to obey a
regulation. Based on the information currently contained in your
record it appears that you were subsequently processed for
separation by reason of a diagnosed personality disorder. In
connection with this processing, you would have acknowledged the
separation action and the discharge authority would have approved
a recommendation for separation. The record clearly shows that
on 15 December 1988, you were discharged under honorable
conditions by reason of other physical/mental conditions -
personality disorder. At that time you were assigned an RE-4
reenlistment code, which means that you are were not recommended
for reenlistment.
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.
Finally, 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,
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