DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON, D.C. 20370-5100
TRG
Docket No:
25 October 2000
2810-00
Dear-
This is in reference to your
naval record pursuant to the
States Code section 1552.
application for correction of your
provisions of title 10 of the United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 October 2000.
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.
Your allegations of error and
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 12 November 1998
at age 18. Subsequently, you were referred for a psychiatric
evaluation due to an undisclosed history of psychiatric
treatment.
follows:
The psychiatric evaluation states, in part, as
.
In 1995, he was hospitalized 2.5 months for
. In 1994, he received 2 weeks of inpatient treatment
.
for depression and was medicated with lithium for 9
months.
depression, and was medicated with Depakote and Ritalin
for 2 months and Desipramine for 4 months.
was hospitalized 5 months for depression, and medicated
with Depakote 550mg three times a day.
received outpatient treatment from 1994 until Sept of
1998.
years, periods of uncontrollable crying, and his
longest period without being depressed being one month.
.
(He) reported a depressed mood for the last four
.
.
.
In 1996, he
(He) has
The diagnosis was Dysthymic Disorder and you were recommended for
separation because of the disqualifying psychiatric condition.
23
-_
November 1998 you were notified of separation processing
On
due to erroneous enlistment.
you elected to waive your procedural rights.
the separation authority directed an entry level separation.
were so separated on 1 December 1998.
recommended for reenlistment and were assigned an RE-4
reenlistment code.
In connection with this processing,
On 25 November 1998
You
At that time you were not
In your case, it appears that you concealed an
Regulations allow for the assignment of an RE-4 reenlistment code
with an individual is separated because of an erroneous
enlistment.
extensive psychiatric history.
diagnosis made by the Navy means that you are not qualified for
service.
Therefore, the Board concluded that the RE-4
reenlistment code was properly assigned and no change is
warranted.
Further, the psychiatric
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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