Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 04091-06
Original file (04091-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 1 00
SJN
 Docket No: 04091-06
2 November 2006

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 31 October 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 10 July 1997 at age 19. On 24 July 1997, a recruit mental health evaluation was conducted, and it was determined that you had an adjustment disorder with mixed anxiety and depressed mood, and your retention in the Navy would constitute a potential danger to yourself and others.
Based on the comments in the mental health evaluation to the effect that you could not adjust to military life and experienced crying spells and suicidal ideation, you were processed for separation by reason of entry level performance and conduct. On 30 July 1997, after you were advised of your procedural rights, you elected only to receive copies of documents to be forwarded to the separation authority and waived all other rights. Subsequently, on 5 August 1997 you were discharged with an entry-level separation by reason of entry level performance and conduct. At that time, you were assigned a reenlistment code of RE—4.
Applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to entry level performance and conduct. 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

Similar Decisions

  • NAVY | BCNR | CY2010 | 11416-10

    Original file (11416-10.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TAL Docket No: 11416-19 22 July 2011 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. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, reguiations, and...

  • NAVY | BCNR | CY2008 | 03155-08

    Original file (03155-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2009. The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to erroneous enlistment based on medical conditions that existed prior to entry into the service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY1999 | Document scanned on Thu Sep 21 13_06_57 CDT 2000

    Original file (Document scanned on Thu Sep 21 13_06_57 CDT 2000.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 10 August 1998 you received an You were advised of You declined to consult with counsel and Thereafter, the discharge authority Regulations authorize the assignment of an RE—4 reenlistment code to individuals separated...

  • NAVY | BCNR | CY1999 | 02399-99

    Original file (02399-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY1999 | 02469-99

    Original file (02469-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. The record reflects that on 30 June 1998 you were referred to a mental health unit because of suicidal ideation, inability to tolerate authority, and a prior undisclosed history of psychiatric treatment. Separation by erroneous entry is authorized when an enlistment would not have occurred if a disqualifying factor had been known prior to enlistment.

  • NAVY | BCNR | CY2001 | 01908-01

    Original file (01908-01.pdf) Auto-classification: Denied

    1908-01 19 July 2001 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. 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. contend that you became worried while in recruit training that you would not be able to pay your bills after you learned...

  • NAVY | BCNR | CY2007 | 11231-07

    Original file (11231-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2008. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.

  • NAVY | BCNR | CY2003 | 09105-03

    Original file (09105-03.rtf) Auto-classification: Denied

    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 andconscientiousconsideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.moment of truth you revealed that you had a history of asthma, back problems and suicidal behavior,...

  • NAVY | BCNR | CY2006 | 07586-06

    Original file (07586-06.rtf) Auto-classification: Denied

    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 17 June 1997 at age 20. Due to your diagnosed personality disorder and...

  • NAVY | BCNR | CY2008 | 08204-08

    Original file (08204-08.pdf) Auto-classification: Denied

    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. ‘Based on the mental health evaluation, you were processed for separation by reason of erroneous enlistment due to the adjustment disorder. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...