D E P A R T M E N T O F T H E NAVY
B O A R D F O R C O R R E C T I O N OF N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 6647-01
12 March 2002
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 5 March 2001. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you first enlisted in the Marine Corps on 1
October 1994. On 30 November 1994 you received an honorable
entry level separation by reason of physical disability as
evidenced by enuresis, and were assigned an RE-3P reenlistment
cade .
The Board found you enlisted in the Navy on 28 February 2001 at
the age of 25. Your record reflects that on 27 April 2001, after
undergoing a psychiatric evaluation due to your unwillingness to
follow orders or regulations, you were diagnosed with a passive
aggressive personality disorder which existed prior to your
enlistment. As a result of the foregoing diagnosis, you were
recommended for an administrative separation.
Subsequently, you were processed for an administrative separation
by reason of erroneous entry due to the diagnosed personality
disorder. The discharge authority directed an uncharacterized
entry level separation by reason of erroneous entry, and on 9 May
2001, you were so discharged from the Navy and assigned.an RE-4
r c c n l i s t m o n t code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, and prior service in the Marine Corps.
The Board also considered your conterition that you would have
completed boot camp if it were not for the fact that you had
pneumonia, which impaired your ability to serve. However, the
Board concluded these factors and contention were not sufficient
to warrant a change in your RE-4 reenlistment code. Such a code
is authorized when individuals are separated by reason of
erroneous entry. The Board concluded that the diagnosed
personality disorder and the problems you were having in recruit
training were sufficient to support the assignment of an RE-4
reenlistment code. Given all the circumstances of your case, the
Board concluded 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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