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NAVY | BCNR | CY2009 | 10646-09
Original file (10646-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 10646-09
19 July 2010

 

Dea

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 8 July 2010. The names and votes of the

members of the panel will be furnished upon request.

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 on 24 June
1991 at age 18. On 4 December 1992, you were the subject of a
psychiatric evaluation after being referred by your command for
Suicidal ideation. You reported four to six months of increasing
anger, frustration, and depression with decreased sleep, no
appetite or energy. You were diagnosed with a personality
disorder with borderline and immature features. The psychiatric
report stated, in part, that you suffered from a long-standing
disorder of character and behavior of such severity as to
interfere with serving adequately in the Navy and recommended you
for an expeditious administrative separation. Based on the
information currently contained in your record it appears that
you were subsequently involuntarily processed for separation by
reason of fraudulent entry. 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 23 December 1992,
you were discharged with a general characterization of service by
reason of fraudulent entry. At that time you were assigned an
RE-4 reenlistment code, which means that you were neither
recommended nor eligible for reenlistment.

 

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your narrative reason for
separation and reenlistment code. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in the narrative reason or reenlistment code given your diagnosed
personality disorder. Further, the Board concluded that your

diagnosed personality disorder and non recommendation for
retention or reenlistment were sufficient to support the

assignment of an RE-4 reenlistment code, which is authorized by
regulatory guidance. Accordingly, your application has been
denied.

 

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,

\a ous Pre

W. DEAN P
Executive \Di or

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