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NAVY | BCNR | CY2009 | 11201-09
Original file (11201-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TOR
Docket No: 11201-09
30 August 2010

 

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 24 August 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 on 18 August 2008 at age 18 and served
without disciplinary incident. It appears that you were
subsequently diagnosed with a dependent personality disorder and
recommended for an administrative separation, In this regard,
you were presumably notified of administrative separation by
reason of the diagnosed personality and did not object to the
separation.

However, the record clearly reflects that on 25 September 2009
the discharge authority directed your commanding officer to issue
you an honorable discharge by reason of the diagnosed personality
disorder. As a result, on 28 September 2009, while serving in
paygrade E-2, you were so discharged and were assigned an RE-4
reenlistment code.

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 reenlistment code so that
you may reenlist in the armed forces. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
of your reenlistment code because of your diagnosed personality
disorder and nonrecommendation for retention, both of which were
sufficient to support the assignment of an RE-4 reenlistment code
that 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,

lo Dood

W. DEAN PF
Executive r o

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