D E P A R T M E N T OF THE NAVY
B O A R D F O R C O R R E C T I O N O F 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
WMP
Docket No: 8550-01
3 April 2002
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 sectio~l 1552.
A three-member panel of tlie Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 April 2n1.12.
injustice were reviewed i n 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 consid,eration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 25 July 2000
for four years at age 19 as an SR (E-1). On 18 August 2000, you
were referred to the recruit mental health unit by your recruit
, division commander (KUC), and were diagnosed with a bipolar I
disorder with manic feature as evidenced by your elevated mood,
hyperactivity, hyper-talkativeness, racing thoughts,
inappropriate affect, and grandiosity. An entry level
separation was strongly recommended.
On 22 August 2000 you were notified that separation action was
being initiated by reason of defective enlistment and induction
due to erroneous enlistment as evidenced by the diagnosed
bipolar disorder. You were advised of your procedural rights
and you elected to consult with qualified counsel, which was
provided for you. After consultation with counsel, you elected
to submit a statement to the separation authority and to obtain
copies of documents that were being forwarded to the separation
authority supporting the basis for. the proposed separation.
Additionally, you requested that the general court martial
convening authority review the proposed separation. Thereafter,
the general court martial convening authority approved the
proposed separation action and directed an uncharacterized entry
level separation. You were so discharged on 6 September 2000 by
reason of erroneous entry and assigned an RE-4 reenlistment
code.
Regulations authorize the assignment of an RE-4 reenlistment
code to an individual separated by reason of erroneous
enlistment. The Board found no evidence that the diagnosis of
bipolar disorder was inco~rect. Given the apparent severity of
this diagnosis, and your failure to complete recruit training,
the Board concluded that 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 otlier matter not previously considered by
the Board. In this reyartl, 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 P F E I F F E R
Executive Director
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