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

SMW
Docket No: 5393-06
9 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 8 November 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 material error or injustice.

On 31 October 2001 you enlisted in the Navy and served without incident until 25 April 2003, when you received a psychiatric evaluation was conducted due to your suicidal and homicidal ideations. The evaluation diagnosed you with a personality disorder not otherwise specified with borderline and antisocial traits, and concluded by recommending expeditious discharge. But it appears that no further action was taken at that time, and on 3 October 2005 you reenlisted in the Navy.

You then served without incident until 21 November 2005, when you received a psychiatric evaluation due to your potential for suicidal and homicidal behavior, specifically, your stated intent to kill three of your peers. The evaluation diagnosed a partner relational problem and an unspecified personality disorder with antisocial and narcissistic personality features. The evaluation also found that you were an imminent risk to others and, to a lesser extent, to yourself, an expeditious discharge was recommended.

Although the record is incomplete, it appears that your commanding officer initiated administrative separation action by reason of convenience of the government due to the diagnosed personality disorder, and on 10 December 2005 you were honorably discharged. At that time, you were assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.

Regulations authorize the assignment of an RE-4 reenlistment code to an individual separated due to a diagnosed personality disorder, and such a code is often assigned if there are indications of homicidal or suicidal behavior or ideation. 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.

Sincerely,

W. DEAN PFEIFFER
Executive Director 

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