Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 08401-06
Original file (08401-06.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TJIR
Docket No: 8401-06
13 July 2007

 

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 July 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 16 April 1998 at age 19 and served
without disciplinary incident.

On 5 May 1998, as a result of difficulty adjusting to military
life, you were referred for a psychiatric evaluation. You
stated, in part, that you just wanted to go home. The
psychiatric report stated that you were feeling depressed and had
symptoms of a depressed mood, sleep disturbance, anhedonia,
appetite disturbance, and feelings of hopelessness. It also
stated that there was only a slight risk that you would harm
yourself or others. Subsequently, you were diagnosed with a
dysthymia disorder and a conduct disorder, both of which existed
prior to your enlistment. At that time you were recommended for
an administrative separation due to the foregoing disqualifying
psychiatric conditions.
On 6 May 1998 you were notified of pending administrative
separation action by reason of erroneous enlistment due to the
diagnosed dysthymia and conduct disorders. You waived your right
to consult with legal counsel and to submit a statement in
rebuttal to the discharge action. On 7 May 1998 the discharge
authority directed an uncharacterized entry level separation by
reason of erroneous entry, and on 12 May 1998 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 assertion that your record incorrectly states that
you were unable to adapt to military life. It also considered
the correspondence from the Ross County Veterans Commission
regarding your desire to reenlist. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in the reenlistment code because of the diagnosed dysthymia and
conduct disorders. Further, an RE-4 reenlistment code is
authorized when a Sailor is separated by reason of erroneous
entry due to psychological or psychiatric problem and is often
assigned under such circumstances, especially when the problems
result in a failure to complete recruit training. 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,

Similar Decisions

  • NAVY | BCNR | CY2001 | 02336-00

    Original file (02336-00.pdf) Auto-classification: Denied

    You were evaluated by a Navy psychiatrist on 11 March 1997, and reported that you felt the Paxil was helping and that you were feeling much better. The increase was based on a report of treatment dated 30 November 1998, and a VA rating examination conducted on 4 May 1999, which indicated your depressive symptoms had increased in severity The Board noted that in order to qualify for disability separation or retirement from the Armed Forces, a service member must be found unfit to perform the...

  • NAVY | BCNR | CY2002 | 05272-01

    Original file (05272-01.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 JRE Docket No: 5272-01 14 November 2002 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. Board of Correction of Naval Records. (Ma.jor Depressive The Should the petitioner have been retired by reason of physical disability service member did suffer from a psychiatric...

  • NAVY | BCNR | CY1999 | 02472-99

    Original file (02472-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 1999. 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. The Board believed that the psychiatric history and the poor adjustment to recruit training were sufficient to justify the assignment of the RE-4...

  • 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 | 06002-01

    Original file (06002-01.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. the discharge authority directed an uncharacterized entry level separation by reason of personality disorder. 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.

  • AF | PDBR | CY2011 | pd2011-00255

    Original file (pd2011-00255.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: BRANCH OF SERVICE: NAVY CASE NUMBER: PD1100255 SEPARATION DATE: 20030321 BOARD DATE: 20120130 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty FC3/E-4 (1119, Aegis Radar System Technician), medically separated for major depression, recurrent with psychotic features. As discussed above, any impairment due to this condition was considered in...

  • NAVY | BCNR | CY2009 | 10600-09

    Original file (10600-09.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 applicabie statutes, regulations, and policies. On 27 Pebruary 2007 you were notified of pending administrative separation by reason OL erroneous entry due to the diagnosed psychiatric problems. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2006 | 10703-06

    Original file (10703-06.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 21 July 2000 at age 18. On 11 August 2000, during a psychiatric...

  • NAVY | BCNR | CY2000 | 07064-00

    Original file (07064-00.doc) Auto-classification: Denied

    A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 May 2001. 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. 2. Review of available Navy medical records revealed: a.

  • NAVY | BCNR | CY2006 | 01108-07

    Original file (01108-07.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 14 January 1999 at age 23 and served without disciplinary incident. At...