DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4411-07
8 July 2008
This is in reference to your a
naval record pursuant to the
States Code section 1552.
pplication for correction of your
provisions of title 10 of the United
oard for Correction of Naval
session, considered your
Your allegations of error and
cordance with administrative
Records, sitting in executive
application on 1 July 2008.
injustice were reviewed in ac
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. ,
error or injustice.
You enlisted in the Navy on 20 November 2006 at age 19.
Subsequently, based on your poor performance and desire to return
home, you were referred for a psychiatric evaluation. At that
time, you admitted to a history of attention
deficit/hyperactivity disorder which you had not previously
disclosed. After review, you were diagnosed with a mixed
personality disorder with passive-aggressive traits which would
affect your performance of duty. Accordingly, separation from
the Navy was recommended.
reason of fraudulent enlistment and
procedural rights. After review,
directed an entry level separation and you were so separated on
18 January 2007. At that time, you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code.
the separation authority
y assigned when an individual is separated
because of an adverse psychiatric evaluation. Additionally, the
regulations require the assignment of an RE-4 reenlistment code
when an individual is separated because of fraudulent enlistment.
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 P
Executive Dane xr
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