DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 06656-10
4 April 2011
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 30 March 2011. 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 Marine Corps and began a period of active
duty on 6 July 1992, at age 18. On 22 June 1993, a mental health
evaluation was conducted, and you were diagnosed with a
personality disorder, which caused an inability and unwillingness
to adapt to military life, and self destructive behavior. On
27 July 1993, you received nonjudicial punishment (NOP) for three
incidents of being absent from your appointed place of duty.
Based on the mental health evaluation, you were processed for
separation by reason of a diagnosed personality disorder as a
condition but not a disability. 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 17 September 1993, you were
discharged with a general characterization of service by reason
of a diagnosed personality disorder. At that time, you were
assigned a reentry code of RE-3P.
In its review of your application, the Board considered all
mitigating factors, such as your youth. However, the Board found
that these factors were not sufficient to warrant any change in
your character of service, given your record of NUP for
misconduct. The Board noted that applicable regulations
authorize the assignment of an RE-3P reentry code to individuals
who are separated due to medical conditions that interfere with
duty performance. The Board also noted that you were fortunate
to receive a general discharge since a separation under other
than honorable conditions is often directed when an individual is
found to have committed misconduct. 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
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 /
W. DEAN PFE
Executive D
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