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NAVY | BCNR | CY2009 | 08467-09
Original file (08467-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100

 

SIN
Docket No: 08467-09
29 October 2009

 

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

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 October 2009. 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

6 March 2007 at age 19. Based on the information currently
contained in your record it appears that you were the subject of
a psychiatric evaluation and were diagnosed with a personality

disorder as stated on your DD Form 214 (Certificate of Release or
Discharge from Active Duty). 7

You would have been notified of pending administrative separation
action by reason of convenience of the government due to the
diagnosed personality disorder. It appears you waived the rights
to consult counsel, or submit a statement. Your commanding -
officer forwarded his recommendation for discharge to the
separating authority. The recommendation was approved and on

15 May 2009 you received an honorable discharge. At that time,
you were assigned an RE-4 reenlistment code.

The Board, in its review of your application, carefully weighed
ali potentially mitigating factors, such as your youth, overall
record of service, and strong desire to serve your country.
Neverthelegs, the Board found that these factors were not
sufficient to warrant a change to the reason for your discharge
or reenlistment code given the diagnosis of a personality
disorder. 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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