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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