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NAVY | BCNR | CY2010 | 11328-10
Original file (11328-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

SJN
Docket No: 11328-10

21 July 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 19 July 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 Navy and began a period of active duty on

21 December 1992. The Board found that on 10 November 1993, you
were medically evaluated after ingesting five to seven Motrin :
pills in an effort to gain attention and sympathy. At that time,
it was determined that you had a “do not care attitude”.
Additionally, it was reported that you had made a suicidal
gesture. You were counseled and asked not to do harm to
yourself, and scheduled for a follow-up evaluation. You were
later diagnosed with a personality. disorder. It was stated that
you displayed a longstanding disorder of character and behavior
which was of such severity as to render you incapable of serving
adequately in the Navy. Further, although you were not suicidal
or homicidal at that time, you were judged to represent a
continued risk to harm yourself or others if retained due to
chronic difficulties coping with the routine stress of military
life. Subsequently, you were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed personality disorder. You elected to waive the
rights to consult counsel, and submit a statement. Your
commanding officer directed your separation stating, in part,
that you could not cope with normal day-to-day stress involved in
long duty hours. Further, you experienced personality conflicts”
with other Sailors due to your selfishness, immature attitude,
and behavior. On 24 November 1993, you received an honorable
discharge due to the diagnosed personality disorder. 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,
immaturity, record of service, and post service issues.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your reentry code given the
diagnosis of a personality disorder. An RE~4 reentry code is
routinely assigned under such circumstances. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.

With regard to your current personal issues you are experiencing,
The Board believes that you may be eligible for veterans’
assistance based on your honorable characterization or service.
Whether or not you are eligible for benefits based on your period
of service is a matter under the cognizance of the Department of
Veterans Affairs (DVA). If you have been denied benefits, you.
should appeal that denial under procedures established by the
DVA.

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,

Waa

W. DEAN
Executive reetor

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