D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2399-99
30 August 1999
Dear -:
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 25 August 1999. 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 17 June 1998 for
four years at age 18. The r e c r u i t performance record reflects
that by 10 July 1968 your performance had become unsatisfactory.
You were told to get motivated but refused to train. When told
by the officer-of-the-day to get off the bulkhead, your response
was "1 am already in trouble and I don't care." You were told to
report to the quarterdeck where, in a belligerent manner, you
stated that you were not going to train and that you would have
to be "kicked out." You also stated that you had spent time in a
mental hospital. Your poor performance and disrespect towards
authority continued. On 23 July 1998 you were sent to see the
leading chief petty officer and had a violent outburst. At that
time, you rolled into a fetal position when told to stand at
attention and screamed at the LCPO.
On 27 July 1998 you were referred to the mental health unit due
to your screaming and yelling and difficulty in adjusting to
military life. You reported a history of sexual abuse, an
unstable family, and problems with substance abuse. The
examining psychiatrist noted that your command evaluated you as a
poor performer. You were diagnosed with an adjustment disorder
with disturbance of mood and conduct. An entry level separation
was recommended due to a disqualifying psychiatric condition.
On 30 July 1998 you were notified that an administrative
separation was being considered by reason of convenience of the
government due to an adjustment disorder. You were advised of
your procedural rights. You declined to consult with counsel and
waived your right to review of your case by the general court-
martial convening authority. Thereafter, the discharge authority
directed an entry level separation and assignment of an RE-4
reenlistment code. On 10 August 1998 you received an
uncharacterized entry level separation by reason of erroneous
entry and were assigned an RE-4 reenlistment code.
Regulations authorize the assignment of an RE-4 reenlistment code
to individuals separated by reason of erroneous entry. Your
contention that you were immature is of no merit. The fact that
you were only 18 when you enlisted did not excuse poor behavior
and performance. The Board concluded that your poor performance
and inexcusable behavior provided sufficient justification to
warrant the assignment of an RE-4 reenlistment code. Since you
were treated no differently than other recruits separated under
similar circumstances, the Board could find no error or injustice
in your assigned reenlistment code. The Board thus concluded
that the reenlistment code was proper and no change is warranted.
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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