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

SMW
Docket No: 8212-07
23 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 21 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

On 4 September 2002, you enlisted in the Navy at age 18. During the period 24 to 30 January 2003, you were in an unauthorized absence (UA) status, but it appears that no disciplinary action was taken. The Board was unable to locate your military health record. However, based on the information that you provided and the information that is currently contained in the service record, it appears that you received several psychiatric consultations regarding your desire to be reassigned due to allegations of sexual assault. 

On 3 February 2003, you began another UA. On 7 February 2003, you were admitted to a Department of Veterans Affairs hospital due to suicidal ideation. On 10 February 2003, a psychiatrist at your command indicated that there was evidence of a borderline personality disorder that existed prior to enlistment. A psychiatric evaluation completed by the Department of Veterans Affairs hospital diagnosed you as having depression with resolved suicidal ideation. On 14 February 2003, you were released from the hospital and returned to your command the following day.

On 18 February 2003, your commanding officer initiated an entry level separation by reason of convenience of the government due to a personality disorder. In connection with this processing, you acknowledged the separation recommendation. On
7 March 2003, the separation authority approved the recommendation and directed an entry level separation by reason of convenience of the government due to a personality disorder. On 14 March 2003, you were so discharged and assigned an RE-4 reenlistment code.

Regulations authorize the assignment of an RE-4 reenlistment code to members who are considered a threat to harm themselves or others if retained. 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