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NAVY | BCNR | CY2006 | 01108-07
Original file (01108-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTiON OF NAVAL RECORDS
                            2 NAVY ANNEX
                  WASHINGTON DC 2O3 1 O -5100





                  TJR
 D ocket No: 1108-07
5 December 2007





This is in reference to your application for correction of your naval record pursuant the provisions of Title 10, United States Code, Section ~.
A three member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2007. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 14 January 1999 at age 23 and served without disciplinary incident. Shortly thereafter, on 22 January 1999, you were referred for a mental health evaluation after complaining of chronic lower back pain and suicidal thoughts. At that time you were diagnosed with a depressive disorder which existed prior to your enlistment, and were recommended for an administrative separation.
On 1 February 1999 you were notified of pending administrative separation action by reason of erroneous enlistment due to the diagnosed depressive disorder. At that time you waived your right to counsel with legal counsel and to submit a statement in rebuttal to the discharge action. Subsequently, the discharge authority directed an uncharacterjzed entry level separation by reason of erroneous entry, and on 4 February 1999 you were so separated from the Navy and were assigned an RE-4 reenlistment code.





The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to enlist in the Army. It also considered your assertion that you were told that you could reenlist in any branch of service six months after your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of the diagnosed depressive disorder, your suicidal ideation, and your failure to complete basic training. Further, an RE-4 reenlistment code is authorized when a Sailor is separated by reason of erroneous entry due to psychological or psychiatric problems. 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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