DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO

JRE
Docket No. 09632-06
12 January 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 11 January 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.

The Board found that you enlisted in the Navy on 30 May 2001. You were absent without authority from 31 July to 11 August 2001, and upon your return to military control, you were referred for psychological evaluation. On 13 August 2001, you were given a diagnosis of an antisocial personality, manifested by such factors as your history of committing acts of vandalism, breaking and entering, underage drinking, reckless driving, truancy, 30-40 in-school detentions for fighting, disrespect to teachers, and lack of remorse, as indicated by indifference to or rationalizing having hurt, mistreated or stolen from another. You were discharged by reason of erroneous entry on 23 August 2001, with an uncharacterized entry level separation. As you were not recommended for reenlistment, you were assigned a reentry code of RE-4.

The Board concluded that the unsupported assertion of a psychologist you saw on two occasions in 2003 that you “did not meet the criteria for a diagnosis of Anti-Social Personality Disorder” is insufficient to demonstrate that you do not suffer from that disorder, that you were discharged in error, or that you are suitable for reentry into the Navy. The Board concluded that you were properly assigned a reentry code of RE-4 in view of the aforementioned period of unauthorized absence, and your limited period of creditable service. 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,

ROBERT D. ZSALMAN
Acting Executive Director

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