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NAVY | BCNR | CY1999 | 02469-99
Original file (02469-99.pdf) Auto-classification: Denied
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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