DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08886-10
8 June 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 7 June 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 and began a period of active duty on
7 January 2002. The Board found that the record reflects that
you were the subject of a psychiatric evaluation that diagnosed
you with a personality disorder. A final evaluation stated, in
part, that your diagnosis was sufficiently severe to impair your
ability to function effectively in a military environment .
Further, it was found that your diagnosis was not considered
amenable to effective treatment and although you were not
suicidal or homicidal, you represented a continued risk for
deterioration in functioning or continued danger to yourself or
others. Based on the mental evaluation, you were processed for
separation due to the personality disorder. On 28 May 2002,
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
1 July 2002 you were discharged with an uncharacterized entry
level separation. At that time, you were assigned an RE-4
reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded that applicable
regulations require the assignment of an RE-4 reentry code to
individuals who are separated due to a diagnosed personality
disorder. The Board thus concluded that there is no error or
injustice in your reentry code. With regard to your contention
that you were to be honorably discharged due to Post Traumatic
Stress Disorder (PTSD), there is no evidence in the record to
support it, and you submitted no such evidence. Further, Navy
regulations do not allow the use of PTSD as a narrative reason
for separation. Finally, with regard to your characterization of
service, individuals separated within the first 180 days of
active duty are discharged with an entry level separation.
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,
ce
Ww. ase
Executive racto
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