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

TRG
Docket No: 494-06
10 May 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 8 May 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 26 June 1998 at age 18. On 13 November 1999, you received nonjudicial punishment for disobedience. The punishment imposed included restriction, forfeitures of pay and a reduction in rate. In the evaluation for the period ending 11 November 1999, you were assigned adverse marks in several categories which resulted in an individual trait average of 2.17.

Although the discharge package is not filed in your service record, it appears that you expressed a suicidal ideation and were processed for discharge based on an adverse psychiatric evaluation. The Board assumed that the processing was conducted in accordance with regulations.

The performance evaluation for the period ending 29 November 2000 is adverse, with a mark of 2.0 in military bearing/character and a no recommendation for retention in the Navy. The evaluation comments state that you were “not recommended for retention due to unsuitability for military service.” You were discharged on 20 November 2000 with a general discharge by reason of a diagnosed personality disorder. At that time, you were not recommended for retention and were assigned an RE-4 reenlistment code.

Regulations authorize the assignment of an RE-4 reenlistment code when an individual is separated based on a diagnosed personality disorder, and such a code is usually assigned if there is a finding that an individual was at risk to harm himself or others if retained in the Navy. Since it appears that 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.

You are entitled to request recharacterization of your general discharge by submitting the enclosed application (DD Form 293) to the Naval Discharge Review Board.

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,

						W. DEAN PFIEFFER
						Executive Director

Enclosure

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