TRG
Docket No:06872-07
22 May 2008

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 13 May 2008. 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 reenlisted in the Navy on 16 January 2002 after about three years of active duty on a prior enlistment. In the performance evaluation for the period 16 June 2003 to 15 June 2004, you were recommended for promotion and retention in the Navy.

Your medical record indicates that on 18 November 2003 you were referred for a psychological evaluation which apparently resulted in a recommendation for an administrative discharge. The documentation to support an administrative discharge processing is not filed in your record. However, the DD Form 214 shows that on 1 December 2004, you were honorably discharged by reason of a personality disorder. At that time, you were not recommended for reenlistment and were assigned an RE—4 reenlistment code.

Regulations require the assignment of an RE-3G or an RE-4 reenlistment code when an individual is separated because of a personality disorder.

The available information indicates that you had anger control problems, were to appear in court for abuse of your spouse and that you had other problems. In the absence of evidence to the contrary, the Board concluded that you were properly discharged by reason of a diagnosed personality disorder and that the RE-4 reenlistment code was properly assigned.

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