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NAVY | BCNR | CY2009 | 11681-09
Original file (11681-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

Docket No: 11681-09
12 August 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 11 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 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

26 July 2005, at age 20. On 29 May 2006 you entered an
unauthorized absence (UA) status and missed the movement of your
ship. On 4 August 2004, a mental health evaluation was
conducted, and you were diagnosed with a personality disorder.
Based on the mental health evaluation, you were processed for
separation by reason of a diagnosed personality disorder. After
you were advised of your rights, you elected to receive copies of
documents to be forwarded to the separation authority, but waived
all your other procedural rights. Subsequently, on 16 August
2006, you were discharged with an honorable characterization of
service by reason of a diagnosed personality disorder. At that
time, you were assigned a reenlistment code of RE-4.

In its review of your application, the Board considered ail
Mitigating factors, such as your youth. However, the Board found
these factors were insufficient to warrant changing your
reenlistment code due to your diagnosed personality disorder.

The Board noted that applicable regulations authorize the
assignment of an RE-4 reenlistment code to individuals who are
separated due to medical conditions that interfere with duty
performance. The Board thus concluded that there is no error or
injustice in your RE-4 reenlistment code. 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
yBoard reconsider its decision upon submission of new and material

vidence or other matter not previously considered by the Board.
q, 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,

loN nas
:
W. DEAN PFE

Executive Dil

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