DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

JRE
Docket No. 01775-07
12 February 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 31 January 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.

The Board found that you enlisted in the Navy on 23 October 2000. You underwent psychiatric evaluation on several occasions during the period from July through October 2002, and were given diagnoses of alcohol abuse, possible depression, occupational problem, and personality disorder not otherwise specified, with antisocial and narcissistic traits. You were considered medically fit but unsuitable for service because of the personality disorder. You were honorably discharged from the
Navy On 21 November 2002 by reason of the personality disorder. As your commanding officer did not recommend you for further service, you were assigned a reentry code of RE-4, as permitted by governing directives. On 29 October 2003, the Department of Veterans Affairs (VA) awarded you separate ratings of 10% for a condition of your right hip and posttraumatic stress disorder which it attributed to your having viewed a fatal motor vehicle accident while on active du ~ty. On 17 November 2004, VA rating officials increased the rating for the posttraumatic stress disorder to 50%, effective 22 November 2002.

The Board was not persuaded that you were suffering from posttraumatic stress disorder during your period of service in the Navy. In this regard, it could not find any evidence in your Navy service or health records which demonstrates that you witnessed a fatal motor vehicle accident or that you displayed posttraumatic stress disorder, such as intrusive memories of the motor vehicle accident. On 11 October 2002, you advised a flight surgeon that you had a good sleep history. The “panic attacks” you reported were considered situational and/or job related, and it appears that you had experienced similar attacks prior to enlisting. The Board concluded that a reentry code of RE-4 was appropriate, given your diagnosed personality disorder, recurrent suicidal and homicidal ideation, and unsatisfactory performance of duty.

In accordance with the foregoing, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Board did not consider your request for correction of the reason and authority for discharge because you have not exhausted an available administrative remedy by applying to the Naval Discharge Review Board.

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