DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ThIR
Docket No: 7614-10
27 May 2011
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 May 2011. 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 12 February 1987 at age 19 and served
without disciplinary incident.
Your record reflects that during the period from 4 to 16 March
1988, you were referred for a psychiatric evaluation because of
your suicide gestures of ingesting a large amount of multiple
medicines. After undergoing these psychiatric evaluations, you
were diagnosed with an adjustment disorder, stress reaction,
depression, and a mixed personality disorder with immature
borderline features. The psychiatric report stated, in part,
that the long standing disorders of character and behavior were
of such severity that they rendered you incapable of adequately
serving in the Navy. In other words the disorders negatively
impacted your performance of duty and affected your ability to
function effectively. The evaluations also stated that you had
no potential for further service and were recommended for an
expeditious administrative separation.
As a result of the foregoing you were notified of administrative
separation by reason of convenience of the government due to the
diagnosed personality disorder. At that time you did not object
to the separation and waived your rights to submit a separation
rebuttal statement. On 12 April 1988 your commanding officer
recommended discharge by reason of convenience of the government
due to the diagnosed personality disorder, and further noted that
you were not recommended for retention or reenlistment. On 20
April 1988 the discharge authority approved this recommendation
and directed your commanding officer to issue you an honorable
discharge by reason of convenience of the government due to the
diagnosed personality disorder. On 25 April 1988 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. It also
considered the supporting documentation provided with your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your reenlistment code
because of your diagnosed personality disorder. Further, the
Board concluded that your diagnosed psychiatric disorders and
nonrecommendation for retention or reenlistment were sufficient
to support the assignment of an RE-4 reenlistment code, which is
authorized by regulatory guidance. Finally, the Board concluded
that your present clinical psychologist evaluation does not
refute the Navy’s psychiatric evaluations which were conducted
more than 22 years ago. 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,
LD Yerba
Executive D ec
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