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

								      SJN
	Docket No: 04477-06
2 November 2006

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 31 October 2006. 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 mate ial error or injustice.

You enlisted in the Navy on 27 October 1998 at age 21. You then served without incident until 6 January 2003, when you were diagnosed as having an adjustment disorder with mixed anxiety and depressed mood with occupational problems, and an unspecified personality disorder with dependent and borderline features. You were deemed to be a serious risk to harm yourself or others if retained.

You were notified of pending administrative separation action due to the diagnosed personality disorder. You elected to waive the rights to consult counsel or submit a statement. On 8 January 2003, your commanding officer directed that you receive an honorable discharge by reason of a personality disorder. You were so discharged on 9 January 2005 and 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 length of service. However, the Board found that these factors were not sufficient to warrant a change in the reenlistment code due to the diagnosed personality disorder and the fact that you were considered to be a risk to yourself and others if retained on active duty. 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.

Sincerely,

						W. DEAN PFEIFFER
							Executive Director						

2