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NAVY | BCNR | CY2006 | 03691-06
Original file (03691-06.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
BOARD OR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TJR
Docket No: 3691-06
28 November 2006





This is in reference o your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 552.
A three-member panel f the Board for Correction of Naval Records, sitting in e excusive session, considered your application on 28 Nov e mber 2006. Your allegations of error and injustice were revie we d in accordance with administrative regulations and proce d ures applicable to the proceedings of this Board. Documentary ma terial considered by the Board consisted of your application, tog e ther with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
After careful and co n scientious consideration of the entire record, the Board fo d the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the N avy on 16 May 2002 at age 18 and served without disciplinary incident.
On 3 June 2002 you w re referred to a recruit health unit for evaluation due to di s closure of your medical and psychiatric history. During thi s evaluation you reported a history of psychiatric care, an were diagnosed with a childhood-onset type conduct disorder. Y o u were also recommended for an administrative separ a tion. The evaluation stated, in part, as follows:
(Member) used R’talin from age 10 through 17 from family doctor..., used Zo1oft.... psychiatric are from age 16....
psychologists c o mments: poor impulse control and emotional regulation.... m anipulative, aggressive..., poor stress tolerance and h s entertained thought of self-harm.... diagnosed: chil dh ood-onset type conduct disorder with passive aggress i ve and antisocial traits which existed prior to enlistment..., recommended for administrative separation.
 On 5 June 2002 you we e notified of pending administrative separation action by r eason of erroneous enlistment due to the diagnosed childhood-o set type conduct disorder. At that time you waived your right to counsel with legal counsel and to submit a statement in rebutt al to the discharge action. On 7 June 2002 the discharge authori t y directed an uncharacterized entry level separation by reason f erroneous entry, and on 12 June 2002 you were so separated fro the Navy and were assigned an RE-4 reenlistment code.
The Board, in its rev i ew of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to reenlistment. Nevertheless, the Board concluded these facto r s were not sufficient to warrant a change in the reenlistment c de because of the diagnosed childhood-onset type conduct disorder and your failure to disclose your history of mental and psychianc care prior to enlistment. The Board noted that Sailors se p arated for failure to disclose pre-service medical and/or mental conditions are often discharged by reason of fraudulent entry. Further, an RE-4 reenlistment code is authorized when a Sai l or is separated by reason of erroneous entry. Accordingly, our application has been denied.
The names and votes o f the members of the panel will be furnished upon request.
It is regretted that he circumstances of your case are such that favorable action cann o t be taken. You are entitled to have the Board reconsider its d ecision upon submission of new and material evidence or other mat t er 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 ap p lying 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 PFIEFFER
 Executive Director














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