DEPARTMENT OF THE NAVY
B O A R D FOR 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 ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
WMP
Docket No: 9632-02
8 May 2003
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 o$ the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 May 2003. 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 thedeof, 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 26 May 2000 for
four years at age 18. Your record further shows that you served
without incident until 13 December 2000, when you received
nonjudicial punishment (NJP) for obtaining services under false
pretenses. The punishment imposed was forfeitures $537 per
month for two months and 45 days of restriction and extra duty.
Your record further reflects that you received an adverse
performance evaluation for the period of 23 September to 13
December 2000. In this evaluation, you received adverse marks
of 2.0 in the marking categories of professional knowledge and
quality of work; and 1.0 in the marking categories of equal
opportunity, military bearing/character, and personal
accomplishment/initiative. You were not re~ommen~ded for
retention and your advancement recommendation indicated
"significant problems."
On 14 December 2000 you received a psychological evaluation due
to suicidal ideation and were diagnosed as having an adjustment
disorder with an angry and sad mood, and an immature, anti-
social and passive-aggressive personality disorder. It was
recommended you be expeditiously processed for separation due to
the risk you posed to yourself and others if retained. You also
admitted to an undisclosed pre-service diagnosis and treatment
for attention deficit hyperactivity disorder and nephritic
syndrome.
Although the documents concerning your separation processing are
not contained in your records, it is clear that you were
processed for separation by reason of fraudulent entry due to
your failure to disclose pre-service medical treatment and
diagnosed personality disorder. The record clearly shows that
on 1 March 2001 you received a general discharge by reason of
fraudulent entry and were assigned an RE-4 reenlistment code.
Regulations require the assignment of an RE-4 reenlistment code
to an individual separated by reason of fraudulent entry. In
the regard, the Board noted that you apparently failed to
disclose your pre-service medical treatment for attention
deficit hyperactivity disorder and nephritic syndrome, both of
which, if disclosed prior to enlistment, would have disqualified
you for military service. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished.
The Board did not consider whether your characterization of
~ ~ r v . i c e or reasnn for separation shn111.d be changed, si.nrle y m ~ .
did not request such action, and you have not exhausted your
administrative remedy by applying to the Naval Discharge Review
Board (NDRB). You may apply to NDRB by submitting the attached
DD Form 293.
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
Enclosure:
DD Form 293
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