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NAVY | BCNR | CY2005 | 05480-05
Original file (05480-05.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100

                                                                                          CRS
Docket No: 5480-05
8 Nay 2006








This is in reference to your application for correction of your naval reco d pursuan 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 26 April 2006. 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 14 August 2001. The record reflects that you were an unauthorized absentee from 10 September to 10 October 2001, a total of ten days. On 12 March 2002 you were diagnosed with an unspecified depressive disorder and found unsuitable for battalion duty. On 30 April 2002 you received an honorable discharge by reason of convenience of the government due to a condition, not a physical disability that affected your performance of duty, specifically the diagnosed depressive disorder. At that time, you were assigned a reenlistment code of RE-3G.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. However, the Board concluded that these factors were not sufficient to warrant a change in the reason for discharge. In this regard, the Board noted that you were discharged due to a diagnosed depressive disorder and you have submitted no evidence to show that the diagnosis was incorrect. Further, an RE—3G reenlistment code is the most favorable reenlistment code authorized by regulatory guidance for individuals discharged due to a physical or mental condition not constituting a physical disability. The Board thus concluded that there is no error or injustice in your 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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