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NAVY | BCNR | CY2001 | 06873-01
Original file (06873-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N  O F   NAVAL  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: 6873-01 
20 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 12 March 2 0 0 2 .   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 enlisted in the Navy on 24 June 1999 at the 
age of 18.  Your record reflects that on 1 July 1999, after 
undergoing a psychological evaluation, you were diagnosed with an 
oppositional defiant disorder, which existed prior to your 
enlistment.  At that time the psychologist recommended an entry 
level sepamtion dne  to a disqualifying psychiatric condition 
which affected your potential to perform your expected duties and 
responsibilities. The psychiatric report noted, in part, as 
follows : 

It was determined that the following symptoms of 
oppositional defiant disorder with negativistic, hostile, 
and defiant behavior lasting at least six months which has 
caused significant impairment in academic, occupational, or 
social functioning: 

Often loses temper, deliberately annoys people, is 
touchy or easily annoyed by others, angry and 
resentful, spiteful or vindictive; in about two fights 
a month since age 12 to present .... shoots cats and 

rodents ..... heavily abused alcohol .... spray painted 
school . . . .  has done a great deal of reckless driving. 

Subsequently, you were processed for an administrative separation 
by reason of erroneous entry due to the diagnosed oppositional 
defiant disorder.  Accordingly, on 12 July 1999, you received an 
uncharacterized entry level separation by reason of erroneous 
entry due to the diagnosed oppositional defiant disorder, and 
were assigned an RE-4  reenlistment code. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your youth and immaturity.  However, the Board concluded these 
factors were not sufficient to warrant changes in either the 
entry level separation, narrative reason for separation, or 
reenlistment code.  The Board concluded that the narrative reason 
for separation was justified by the diagnosis of oppositional 
defiant disorder, since you would not have been enlisted had 
recruiting authorities been aware of the disorder.  An entry 
level separation is assigned to an individual, such as yourself, 
who is processed for separation within 180 days of entering 
active duty.  An RE-4  reenlistment code is authorized when an 
individual is separated due an erroneous enlistment, and was 
warranted given the nature of your disqualifying psychiatric 
condition.  Given all the circumstances of your case, the Board 
concluded your separation, narrative reason for separation, and 
the assigned reenlistment code were  proper as issued 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 t h i c   regard, it is important to k e e p   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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