DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TRG
Docket No: 8950-05
28 February 2007

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 February 2007. 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 Navy on 10 July 1997 at age 18. On 29 January 1999 you received nonjudicial punishment for using provoking speeches or gestures. On 1 June 2000 you were diagnosed with a borderline personality disorder. At that time, you were considered at risk to harm yourself or others if retained in the Navy. Therefore, an expeditious administrative discharge was recommended.

Based on the diagnosed personality disorder, you were processed for an administrative discharge. In connection with this processing, you elected to waive your procedural rights. After review, the discharge authority directed an honorable discharge and you were so discharged on 20 June 2000. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.

Regulations allow for the assignment of an RE-4 reenlistment code when an individual is discharged based on a diagnosed personality disorder, and such a code is normally assigned when there is a finding that an individual is at risk to harm themselves or others if retained in the service. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.

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.