DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 7912-00
17 October 2001
Dear
B
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 16 October 2001.
injustice were
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.
reviewed#in accordance with administrative
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 14 June 1999 at age 19.
1999 you were evaluated by recruit mental health and were
diagnosed with a combined attention-deficit/hyperactivity
Disorder.
in recruit training because you were talking at inappropriate
times and could not stop moving,
in the past.
the condition adversely affected your potential to perform.
military service.
An entry level separation was recommended because
On 23 June
The evaluation noted that you were having difficulties
and you had similar difficulties
In connection with this processing, you elected to
Based on this diagnosis, you were processed for an administrative
separation.
waive your procedural rights.
authority directed an entry level separation by reason of
erroneous enlistment and you were so separated on 9 July 1999.
At that time, you were not recommended for reenlistment and were
assigned an RR-4 reenlistment code.
On 8 July 1999 the separation
In support of your request to change the reenlistment code, you
have submitted a psychiatric evaluation which states that in 1994
you were treated for recurrent major depression and attention
deficit with hyperactivity disorder.
that after the 1994 treatment you changed high schools,
significantly improved your academic and behavioral problems and,
with the aid of several mentors,
were able to graduate from high
The psychiatrist's diagnostic impression was that you
school.
You have submitted
were free from any psychiatric disorders.
references from the principal, guidance counselor, and teachers
from your high school attesting to the fact that while you were a
involved in student activities and
student, you were trustworthy,
respected by your peers.
You told the psychiatrist
The Board noted that while in recruit training you were referred
for an evaluation because you were talking at inappropriate times
and could not stop moving.
The Navy psychologist believed that
your history and symptoms met the requirements for a diagnosis of
attention deficit/hyperactivity disorder,
and concluded that you
There is no evidence in the
were not suitable for military life.
record, and you have submitted none, to show that your actions
while in recruit training were not as described in the
psychiatric evaluation or that the diagnosis was not supported by
the history and other information presented to the psychologist.
Therefore, the Board concluded that you were properly separated
from the Navy.
Regulations allow for the assignment of an RR-4 reenlistment code
when an individual is separated because of an erroneous
enlistment, and such a code is normally assigned when an
individual is being separated because of an inability to adapt to
military life.
Since you have been treated no differently than
others in your situation, the Board could not find an error or
injustice in the assignment of the RR-4 reenlistment code.
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
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
2
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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