DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7901 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 823-1
12 February 2015
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 3 February 2015. 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.
tr
fter 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, began a period of active duty on 3
January 2007, and served without disciplinary infraction.
Your record reflects that on 5 April 2007, you were referred for
a psychiatric evaluation due to your intense reactivity mood,
depression, anxiety, reaction to normal stressors of advanced
military training, and thoughts of suicide. You were diagnosed
with an adjustment disorder with a mixed and depressed mood and
borderline personality disorder, both of which existed prior to
a
your enlistment. The record also reflects that you were deemed a
risk for retention because of your deteriorating mood and
functioning and that an operational setting would place you and
others at significant risk. As a result, you were recommended
for an immediate administrative separation.
Subsequently, after waiving your procedural rights, your
commanding officer recommended separation under honorable
conditions by reason of erroneous entry due to a defective
enlistment. On 23 April 2007, the discharge authority approved
the foregoing recommendation and directed separation under
honorable conditions by reason of erroneous entry with the
assignment of an RE-4 reenlistment code, and on 26 April 2007,
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and change your narrative
reason for separation and reenlistment code. It also considered
your assertion that you were separated due to your failure to
comply with the Navy Family Care Plan (NFCP). Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the diagnosed adjustment and
borderline personality disorders which resulted in your
nonrecommendation for retention and reenlistment. Further, you
were given an opportunity to defend your actions, but waived your
procedural rights. Finally, the Board concluded that your
assertion of being separated because you did not comply with NFCP
is without merit since you were processed for separation due
solely to your erroneous entry. Accordingly, your application
has been denied.
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
within one year from the date of the Board's decision. 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 J. O’NEILL
Executive Director
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