DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 02528-10
28 May 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 28 May
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 27 September 2004. You underwent
psychological evaluation on 17 March 2005 and were given diagnoses
of depressive disorder, not otherwise specified (NOS), and
personality disorder, NOS, with borderline traits. You told the
psychologist who conducted the evaluation that you had had problems
with anger, interpersonal sensitivity, a sense of emptiness, ongoing
suicidal ideations, difficulty controlling your actions on certain
occasions, and feelings of sadness. You explained that you were angry
toward the Marine Corps over your recrultment to active duty, as you
had wanted to join the Marine Corps Reserve. You also indicated that
your anger made it difficult for you to remain in the Marine Corps.
On 12 April 2005 your commanding officer advised you that he intended
to recommend that you be discharged for the convenience of the
government by reason of a personality disorder. On 14 April 2005
you acknowledged in writing that you had been advised of your rights
in connection with your proposed discharge by reason of a personality
disorder. You were discharged for the convenience of the government
by reason of a personality disorder on 27 May 2005 and assigned a
reentry code of RE-4, as permitted by provisions of the Marine Corps
Separation and Retirement Manual.
The Board carefully considered the statement of a psychologist you
submitted in support of your application, but found it insufficient
to demonstrate that the diagnoses you were given on 17 March 2005
are erroneous. The Board did not accept your contention to the effect
that you were told you were being processed for discharge by reason
of hardship, rather than a personality disorder, as that contention
ig belied by the evidence of record. The fact that your reentry code
makes you ineligible for enlistment in the Connecticut National Guard
does not demonstrate that the code was improperly or unjustly
assigned, or establish that it would be in the interest of justice
for the Board to assign you a more favorable reentry code to
facilitate your enlistment. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board did not consider your request for correction of the reason
and authority for your discharge because you did not exhaust an
available administrative remedy by applying to the Naval Discharge
Review Board. ADD Form 293 is enclosed for your use in that regard.
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 Nea Su
W. DEAN P
Executive Piréctor
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