DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 5841-13
29 May 2014
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 28 May 2014. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 8
July 1997. You received nonjudicial punishment on two occasions
for driving under the influence of alcohol, conduct prejudicial
to good order and discipline (two instances), and failure to go
to your appointed place of duty (two instances}. You were
diagnosed with a personality disorder. You were then notified
that you were being administratively separated with a type
warranted by service record characterization of service due to
your personality disorder. On 8 April 1998, you received a
general characterization of service due to your personality
disorder, and were assigned a waivable RE-3P (personality
disorder) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
contention that you were subjected to abuse regarding your
sexuality and race. However, the Board concluded that you were
assigned the correct reentry code due to your diagnosed
personality disorder. You are advised that a reentry code may
not be routinely changed due merely to the passage of time or
post service good conduct. Regarding your contention, you are
advised that there is no evidence in your record to support it
and you have provided no such evidence. In view of the above,
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,
pets S
ROBERT D. ZSALMAN
Acting Executive Director
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2014. However, the Board concluded that you were assigned the correct narrative reason for separation and reentry code in light of 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.
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