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NAVY | BCNR | CY2010 | 01066-10
Original file (01066-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

REC
Docket No: 01066-10
20 October 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 20 October 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
11 January 2006, at age 18. On 24 May 2007, a mental health
evaluation was conducted, after you had completed six counseling
sessions, and you were diagnosed as having an adjustment disorder
with depressed mood, with schizoid and passive aggressive traits.
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 21 June 2007,
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 all
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 reason for separation or 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
Mpard reconsider its decision upon submission of new and material
€vidence or othtr matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
foresumption of r€gularity 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,

Looe

Executive D

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