DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 11615-10
17 August 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 16, August
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 oF injustice. ,
You enlisted in the Navy and began a period of active duty on
22 November 1988. The Board found that on 22 January 1990, you were
medically evaluated for extreme feelings of paranoia stemming from an
incident of sexual/physical harassment at your command. It was
reported that you felt like people were always staring at you and you
were afraid to be alone. Further, you were not sleeping or eating.
You were diagnosed with an adjustment disorder with mixed features,
and a personality disorder with paranoid features. You were counseled
regarding your paranoid personality traits which were causing
stressful conditions in the work center and your inability to work
with others. On 26 February 1990, you were evaluated and it was
determined that you were not able to-benefit from individual or group
therapy. It was learned that you had a history of sexual abuse prior
to entering the service and were unable to deal with the stress of the
military. It was recommended that you be administratively separated
from the service. Subsequently, administrative discharge action was
initiated to separate you due to your diagnosed personality disorder.
You elected to waive the rights to consult counsel, submit a statement
or have your case heard by an administrative discharge board (ADB).
On 25 April 1990, your commanding officer directed that you be
honorably discharged. He stated, in part, that you had submitted a
sexual harassment complaint against a male co-worker. After an
investigation, your complaint was substantiated and he was awarded
nonjudicial punishment. However, you still complained of paranoid
feelings about working with men in your shop and living in the
barracks which allowed close proximity to men. You also spoke of
childhood molestation, abuse and pre-service counseling for sexual
abuse. You were advised to seek counseling and attend therapy for
adults molested as children. At that time you were assigned to
another location where you could work more independently. However,
within a month, you complained again of your inability to adjust to
your working conditions. You were honorably discharged on 6 April
1990 due to your diagnosed personality disorder. At that time, you
were assigned a RE-3G reentry code.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your record of service and
desire to have your reentry code changed. Nevertheless, the Board
found that these factors were not sufficient to warrant a change to
the reason for your discharge or a change in your reentry code given
the diagnosis of a personality disorder, and inability to adjust to
your living and working conditions. In this regard, you were assigned
the most favorable reentry code based on your circumstances. The
Board noted that you waived your procedural right to and ADB, your
best opportunity for retention. The RE-3G reentry code may not
prohibit reenlistment, but requires that a waiver be obtained from
recruiting personnel who are responsible for reviewing the feasibility
of satisfying the Navy's personnel manning goals by determining
whether or not an individual meets the standards for reenlistment. If
you wish to reenlist, re-affiliate, or be reinstated in the Navy, you
should contact the Navy Recruiting Command via your nearest recruiting
facility. 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,
lp
W.
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