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Decision Text

NAVY | BCNR | CY2006 | 10703-06
Original file (10703-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO



                                             SMW
                                             Docket No: 10703-06
                                             16 May 2007

                 

                  Dear

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 15 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 21 July 2000 at age 18. Prior to enlistment you indicated that you had no history of. psychiatric treatment. On 11 August 2000, during a psychiatric evaluation, you disclosed that at the age of 14 you held a loaded gun to your head; had a chronic history of depressive symptoms; and had been on antidepressant medication until 20 June 2000. You further stated that you had thought about committing suicide if you did not get back on your medication. The evaluation diagnosed you with a depressive disorder that existed prior to enlistment and recommended separation.

On 15 August 2000 your commanding officer (CO) initiated administrative separation action by reason of erroneous enlistment due to the diagnosed depressive disorder. On 18 August 2000 the separation authority directed separation and on 28 August 2000 you received an entry-level separation by reason of erroneous enlistment. At that time, you were assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.

Regulations authorize the assignment of an RE-4 reenlistment code when an individual is discharged due to erroneous enlistment, and such a code is often assigned when an individual is separated due to a psychiatric problem and has expressed suicide ideations. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 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




























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