DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No:
21 February 2002
7609-01
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 20 February 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.
You enlisted in the Navy on 6 June 2000 at age 18.
you were referred for a psychiatric evaluation because of
insomnia, vomiting after eating, and your expression of suicidal
ideation.
stepmother, being suspended from school about 20 times, and
attempting suicide on three occasions.
you with a dysthymic disorder and recommended administrative
separation.
You told the psychologist of being abused by your
The psychiatrist diagnosed
Subsequently,
8
On 22 June 2000 you were notified of separation processing due to
erroneous enlistment.
procedural rights.
directed an entry level separation with an RR-4 reenlistment
code.
At that time you elected to waive your
After review, the separation authority
You were so separated on 28 June 2000.
You state in your application that in order to be separated from
the Navy, you induced vomiting and lied about your suicide
attempts and other matters.
to again serve in the military.
You regret your actions and desire
It is well settled in the law that an individual who perpetrates
a fraud in order to be discharged should not gain by that fraud
when it is discovered.
were lying at the time of your separation or are lying now.
Board concluded that whichever version is correct, there is no
reason to change the reason for discharge of erroneous
enlistment.
Further, the Board could not tell if you
The
Regulations allow for the assignment of an RE-4 reenlistment code
when an individual is separated by reason of erroneous enlistment
and such a code is normally assigned when an individual has a
history of suicide attempts.
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 RE-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
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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