DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 3288-01
12 October 2001
Y
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 10 October 2001.
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.
You enlisted in the Navy on 29 September 1999 at age 22.
October 1999 you were diagnosed with an antisocial personality
disorder.
unsuitable for continued service and that there was a "further
risk" if you were retained in the Navy.
The psychologist believed that the diagnosis made you
On 25
Based on the foregoing diagnosis,
administrative separation_
you elected to waive your procedural rights.
the separation authority directed an entry level separation by
reason of erroneous enlistment.
November 1999.
You were so separated on 4
On 1 November 1999
you were processed for an
In connection with this processing,
You state in your application that you had personal problems and
lied to the psychologist about your preservice theft of
automobiles, participation in fights and use of ritilin in order
to be separated.
desire to reenlist in the service.
You claim to have resolved your problems and
It is well settled in the law that an individual who perpetrates
a fraud in order to gain discharged should not gain from the
In addition, the Board could not
fraud when it is discovered.
tell if you were lying then or are lying now.
for the assignment of an RE-4 reenlistment code when an
individual is separated by reason of an erroneous enlistment and
such a code is normally assigned when an individual is considered
to be at risk to harm themselves or others.
treated no differently than others separated for that reason, the
Board could not find an error or injustice in the assignment of
the RE-4 reenlistment code.
Regulations allow
Since you have been
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
You are entitled to have the
favorable action cannot be taken.
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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