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NAVY | BCNR | CY2009 | 07504-09
Original file (07504-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY .
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY A
NNEX JRE

WASHINGTON DC 20 -
370-5100 nooket No. 07504-09
27 August 2010

 

 

4
+

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. You requested correction of your record to show,
in effect, that you did not suffer from a personality disorder and
that you were assigned a more favorable reentry code than RE-4.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 26
August 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.

You underwent a command directed mental health evaluation on 23 March
2007 and were given diagnoses of alcohol abuse-rule/out aicohol
dependence, and narcissistic personality disorder. The latter
condition was considered the primary diagnoses. In a report dated
26 March 2007, a Navy psychiatrist concluded that your personality
disorder had been “a driving factor” jn your “recent volatile
weekend”, which included extensive alcohol abuse, suicidal
comments/gestures, and significant act of violence, to include the
destruction of property in your home, shaking your girlfriend, and
using furniture as 4 battering ram to escape froma locked in-patient
psychiatry unit of Naval Hospital Guam. He concluded that you were
not suitable for military service, and recommended that you be
administratively discharged and placed in a no weapons status.
On 13 April 2007, after being advised of your proposed separation
for the convenience of the government due to your personality
disorder, and of your rights in connection therewith, you waived your
right to consult with counsel, submit a written statement to the
separation authority, request an administrative board, and
representation before such a board by military or civilian counsel.
In a letter dated 20 April 2007, the Commanding Officer, U.S. Naval
Base Guam, notified the Navy Personnel Command, in part, that you
had committed a number of violent and impulsive acts, to include the
shaking and choking of your girlfriend and the brandishing of your
personal firearm, and that the negative aspects of your conduct
outweighed the positive aspects of your record. You were discharged
under honorable conditions on 25 May 2007 for the convenience of the
government by reason of a personality disorder, and assigned a
reentry code of RE-4.

The Board carefully considered the statements and evidence you
submitted in support of your application, but found those matters
insufficient to demonstrate that you did not suffer from a
personality disorder. The Board agreed with the separation
authority's determination that the positive aspects of your service
were outweighed by the negative, and it was not persuaded that it
would be in the interest of justice to take any action that might
facilitate your reenlistment. In addition, it concluded that Dr.
Bassanelli’s report does not demonstrate that the diagnoses you were
given on 23 March 2007 are erroneous or unjust. The Board felt that
Dr. Bassanelli’s opinion was based in large part on his acceptance
of your self-serving version of the events that prompted your
discharge.

The Board did not accept your unsubstantiated contention to the
effect that you were coerced into waiving your right to an
administrative discharge board.

In view of the foregoing, 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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