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NAVY | BCNR | CY2003 | 02004-03
Original file (02004-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
 Docket No: 2004-03
21 August 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 of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 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 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.

Petitioner enlisted in the Navy on 17 July 2000 at age 18. On 26 July 2000 you were evaluated by a psychologist and diagnosed with a depressive disorder and borderline personality disorder. The psychologist reported that you had scratched your wrist badly in a suicide gesture a few months before entering the Navy and that for the last year you had been frequently cutting yourself to relieve stress.

Based on the foregoing diagnoses, you were process for an administrative separation by reason of erroneous enlistment. In connection with this processing, you elected to waive your procedural rights. After review, the separation authority directed an entry level separation and you were so separated on 3 August 2000. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.

You desire a change in the reenlistment code so that you can reenter the Navy. You claim to have matured and are now ready for military service. You have submitted letters from your father and grandmother attesting to your maturity.

Regulations allow for the assignment of an RE-4 reenlistment code when an individual is separated because of erroneous enlistment, and such a code is normally assigned when an individual fails to complete recruit training because of psychological problems. Since you have been treated no differently than others in your situation, the Board could not fine an error or injustice in the assignment of the RE-4 reenlistment code.




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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