Search Decisions

Decision Text

NAVY | BCNR | CY2011 | 02290-11
Original file (02290-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 8, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

REC
Docket No: 02290-1171
17 January 2012

 

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 13
January 2012. 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

9 February 1981, at age 22. On 19 May 1981, you were referred toa
mental health evaluation and were diagnosed with a compulsive
personality disorder. Based on the mental health evaluation you were
processed for separation by reason of a diagnosed personality
disorder. 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 6 July 1981, you were separated with an honorable discharge by
reason of erroneous enlistment due to your diagnosed personality

disorder. At that time, you were assigned a reenlistment code of RE-
3E,

In its review of your application, the Board considered all mitigating
factors, such as your youth. Nevertheless, the Board found these
factors were insufficient to warrant changing your reenlistment code
due to your diagnosed personality disorder. Applicable Navy
regulations authorize an RE-3E reenlistment code for individuals who
fail to complete training. The Board thus concluded that there is no
error or injustice in your reenlistment code which was correctly
assigned based on your diagnosed personality disorder. 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,

\ewSL)

W. DEAN PFE
Executive Direttor

Similar Decisions

  • NAVY | BCNR | CY2014 | NR1206 14

    Original file (NR1206 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2015. Since you enlisted in error, you were assigned the most appropriate reenlistment code based on your circumstances. 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.

  • NAVY | BCNR | CY2002 | 03498-02

    Original file (03498-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. you were referred to the On 15 July 1999 you were notified that separation action was being initiated by reason of defective enlistment and induction due to erroneous enlistment as evidenced by the personality disorder....

  • NAVY | BCNR | CY2011 | 06231-11

    Original file (06231-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2012 | 06145-12

    Original file (06145-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 June 2012. The Board thus concluded that there is no error or injustice in your reentry code which was correctly assigned based on your diagnosed personality disorder. 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.

  • NAVY | BCNR | CY2012 | 00285-12

    Original file (00285-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2012. 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. The Board thus concluded that there is no error or injustice in your reentry code which was correctly assigned based on your diagnosed...

  • NAVY | BCNR | CY2012 | 01706 12

    Original file (01706 12.pdf) Auto-classification: Denied

    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. Nevertheless, the Board found these factors were insufficient to warrant changing your reentry code due to your diagnosed personality disorder. The Board thus concluded that there is no error or injustice in your reentry code which was correctly assigned under your circumstances.

  • NAVY | BCNR | CY2012 | 01676 12

    Original file (01676 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2012. 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. You received a general discharge on 30 April 2008.

  • NAVY | BCNR | CY2011 | 04224-11

    Original file (04224-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY1999 | 05065-09

    Original file (05065-09.pdf) Auto-classification: Denied

    On 7 July 2008, a second mental health evaluation was conducted to confirm the previous results with no change. Based on the mental health evaluation, you were processed for separation by reason of a diagnosed personality disorder. 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.

  • NAVY | BCNR | CY2007 | 08006-07

    Original file (08006-07.pdf) Auto-classification: Denied

    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. It also considered the medical record submitted in support of your case which states, in part, that presently there is no evidence of a personality disorder, and that the resolution of the diagnosed symptoms were likely due to your situational changes. Nevertheless, the Board concluded...