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 NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2469-99
31 August 1999
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 prior to your enlistment, a waiver of
yl~ysical standards for a history of elevated blood pressure was
granted. Your enlistment documents indicated that you answered
"nov1 to the question "have you consulted with a mental health
professional or a mental health provider for a mental health
related condition?
You enlisted in the Navy on 25 June 1998 for four years at age
17. The record reflects that on 30 June 1998 you were referred
to a mental health unit because of suicidal ideation, inability
to tolerate authority, and a prior undisclosed history of
psychiatric treatment. You reported a history of anger problems
since age 15 and significant inpatient/outpatient psychiatric
treatment for depression, a suicide attempt, and drug abuse at
age 17. The examining psychologist opined that you demonstrated
emotional and behavioral symptoms that were in excess of what
would be expected of a typical recruit. You were not considered
a good candidate for military training and were diagnosed with an
adjustment disorder manifested by a disturbance of conduct. An
entry level separation was recommended.
On 1 July 1998, you were notified that administrative separation
was being considered by reason of convenience of the government
as evidenced by 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 8 July 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 enlistment. The
Board noted your contention that you answered all of the
recruiter's questions to the best of your ability, and cannot
understand why your enlistment was considered to be erroneous.
Separation by erroneous entry is authorized when an enlistment
would not have occurred if a disqualifying factor had been known
prior to enlistment. It is unlikely you would have been enlisted
had you disclosed on your enlistment documents that you had
received inpatient treatment for depression and attempted
suicide. The Board noted that individuals with suicidal ideation
or who make suicidal gestures pose a potential threat for harm to
themselves and others if retained in the Navy. Therefore, the
Board concluded that the assigned 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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