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NAVY | BCNR | CY2006 | 07214-06
Original file (07214-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100         CRS
 Docket No: 7214-06
12 February 2007







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 24 January 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you reenlisted in the Navy on 18 July 2003 after more than five years of prior active service. On 23 November 2004 your commanding officer recommended your separation due to severe claustrophobia, stating that you were unfit for operational duty. On 17 December 2004 you received nonjudicial punishment for an unauthorized absence. Subsequently, on 2 January 2005 you received a general discharge by reason of condition not a disability. At that time, you were assigned a reenlistment code of RE-4.
An RE-4 reenlistment code is authorized by regulatory guidance and often assigned to individuals separated due to a mental condition, especially if the record also reflects a disciplinary action. 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.
The Board did not consider whether your characterization of service should be changed, since you did not ask for such consideration and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRBO. You may apply to NDRB by submitting the attached DD Form 293.









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 PEIFFER
Executive Director
Enclosure































2

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