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NAVY | BCNR | CY2011 | 06231-11
Original file (06231-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

REC

Docket No: 06231-11
22 March 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 21 March 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
12 January 1998, at age 19. On 29 January 1999, you received
nonjudicial punishment (NJP) for being in an unauthorized
absence status for 23 days, and missing ship’s movement. Your
record is incomplete, however, you were apparently diagnosed
with a personality disorder and recommended for administrative
separation. 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 14 May 1999, you were separated with a general
discharge by reason of personality disorder. At that time, you
were assigned a reenlistment code of RE-4.
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 and
misconduct. Applicable Navy regulations authorize an RE-4
reenlistment code for individuals who are diagnosed with a
personality disorder and have committed misconduct. 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, misconduct, and non-
recommendation for retention. 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,

\yy ousted

W. DEAN PFEWF

Executive D

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