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NAVY | BCNR | CY2006 | 10531-06
Original file (10531-06.rtf) Auto-classification: Denied

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



 SMW
 Docket No: 10531-06
7 May 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 2 May 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 24 January 2006 at age 19. The entrance physical examination shows that you denied any history of psychiatric conditions. Although the record is incomplete, it appears that release orders of 30 May and 14 June 2006 show that you were diagnosed at a mental health unit on both occasions with a depressive disorder and a personality disorder. Both release orders shows that you were directed to return to your parent command to await discharge.
It appears that your commanding officer subsequently recommended an entry-level separation by reason of erroneous entry, and the separation authority apparently approved the recommendation. On 11 July 2006 you were discharged with an entry-level separation by reason of erroneous entry. At that time you were assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your diagnosis. Nevertheless, the Board found that these factors
                   were not sufficient to change the entry-level separation, reenlistment code or reason for discharge. In this regard, an individual who is separated within 180 days of active service receive an uncharacterized entry-level separation. In addition, a service member may be discharged due to an erroneous entry if he or she would not have been enlisted if the Navy had known of pre-existing conditions. Additionally, regulations authorize the assignment of an RE-4 reenlistment code to an individual discharged due to erroneous entry. Therefore, the Board concluded that the discharge, reenlistment code and reason for discharge were proper as issued and no changes are warranted.
Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
The Board noted that you may contact the Department of the Navy, Navy Personnel Command (BUPERS), Sailor Assistance Center, Code Pers-312F, 5720 Integrity Drive, Millington, TN 38055-3120 to request administrative corrections to your dates of service on the Certificate of Release or Discharge From Active Duty (DD Form
214)
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 PFIEFFER
Executive Director















2

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