DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 2949-01
24 August 2001
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
22 August 2001.
reviewed in accordance with administrative regulations and
procedures applicable to the proceedings of
this Board.
consisted of your application,
submitted in support thereof, your naval record and applicable
statutes, regulations and policies.
Documentary material considered by the Board
together with all material
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.
You enlisted in the Navy on 7 February 2000 for four years at age
At that time, you extended your enlistment for an additional
20.
period of 12 months for training in the dental technician rating.
On the enlistment documents and your application for a security
clearance, you stated that you were single and never married.
On 27 March 2000 you were referred to the recruit mental health
unit for evaluation after being in an unauthorized absence
WA)
During the course of the evaluation,
status for several hours.
you disclosed a variety of behaviors that met the criteria for a
diagnosis of anti-social personality disorder.
prior service history of fighting, vandalism, breaking and
entering, and selling drugs.
More recently, you had vague
thoughts of self-harm or going UA if you were returned to duty;
difficulty getting along with your shipmates; and trouble
concentrating because your wife had a baby on the day you left
for recruit training, and the baby was ill.
with an antisocial personality disorder and an entry level
separation was recommended.
On 30 March 2000 you were notified that administrative separation
You were diagnosed
You reported a
action was being initiated by reason of defective enlistment and
induction due to erroneous enlistment as evidenced by an anti-
social personality disorder.
rights, declined to consult with legal counsel or submit a
statement in your own behalf,
and waived the right to have your
case reviewed by the general court-martial convening authority.
Thereafter, the discharge authority directed an entry level
separation by reason of erroneous entry.
on 5 April 2000 and assigned an RE-4 reenlistment code
You were advised of your procedural
You were so discharged
The Board noted your contentions to the effect that the Navy's
diagnosis is untrue, you wanted to be discharged because your
baby was born the day you left for recruit training and was ill
at that time, and your ex-wife had filed for divorce.
that the evaluator said were homesick,
had problems and needed to be discharged.
doctors began asking numerous questions about your childhood and
the fights you were in.
You state
but you asserted that you
Subsequently, the
Regulations authorize the assignment of an RE-4 reenlistment code
to individuals, discharged by reason of erroneous enlistment.
Board noted that the Navy views suicidal gestures or threats,
whether manipulative in nature or not, with grave concern and
such individuals are considered a potential threat to harm
themselves or others if retained.
You have provided no medical
evidence that the Navy's diagnosis of a personality disorder was
erroneous.
Further, you failed to disclose your dependents on
Since you have been treated no
your pre-enlistment documents.
differently than others discharged under similar circumstances,
the board could find no error or injustice in your assigned
reenlistment code.
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.
The Board thus concluded that the
The
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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