DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUJR ;
Docket No: 7360-12
18 April 2013
Dear vasa:
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 16 April 2013. 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 14
September 2005 at age 19. The record reflects that you served
without disciplinary incident.
On 29 November 2006 you were evaluated for a long standing
disorder of character and behavior. The psychiatric report
- stated, in part, that your disorder rendered you severely
incapable of serving adequately and that you were a burden to the
command and the Navy. It further stated that you were vulnerable
to becoming a danger to yourself and others. You were diagnosed
with a personality disorder and recommended for an administrative
separation. Subsequently, you were notified of administrative
separation by reason of the diagnosed personality disorder and
nonrecommendation for retention or reenlistment. The record
reflects that you did not object to the separation. In this
regard, the discharge authority directed your commanding officer
to issue you a general discharge by reason of the diagnosed
personality disorder and to assign an RE-4 reenlistment code. As
a result, on 22 December 2006, while serving in paygrade E-2, you
were so discharged and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, |
carefully weighed all potentially mitigating factors, such as
your youth, desire to change your reenlistment code, and
explanation regarding your diagnosed personality disorder.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your reenlistment code because
of your diagnosed personality disorder and nonrecommendation for
retention, both of which were sufficient to support the
assignment of an RE-4 reenlistment code that is authorized by
regulatory guidance. Accordingly, your application has been
denied.
The Board also noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, attention: Naval Discharge Review
Board, 720 Kennon Street, S. E., Room 303, Washington Navy Yard,
Washington, DC 20374-5023 for consideration of an upgrade of your
discharge and a change in your narrative reason for discharge.
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,
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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