DEPARTMENT OF THE N A V Y
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: 8697-01
!3 May 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 section 1552.
A three-member panel of the Board for CorrectLon of Naval
Records, sitting in executive session, considered your
application on 8 May 2002. 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 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 27 December
1999 for four years at age 18 as an SR (E-1). On 2 February
2000, you were diagnosed with an antisocial personality
disorder. In his report the psychologist noted fighting,
irritability and acting out. You also had anger management
issues as evidenced by banging your head against the wall. An
entry level separation was strongly recommended.
On 8 February 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
antisocial personality disorder. You were advised of and waived
all of your procedural rights, with the exception of obtaining
copies of documents that were being forwarded to the separation
authority supporting the basis for the proposed separation. On
9 February 2000, you separation was approved and on 18 February
2000 you received an entry level separation by reason of
erroneous entry. At that time, you were 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
antisocial personality disorder was incorrect. Given the
apparent severity of this personality disorder, 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 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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