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NAVY | BCNR | CY2007 | 07036-07
Original file (07036-07.rtf) Auto-classification: Denied
DEPARTMEN OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

 SMW
 Docket No: 7036-07
3 April 2008
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 April 2008. 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.
On 27 November 2006, you enlisted in the Navy at age 18. On 1 March 2007, you received a psychiatric evaluation during which you disclosed that you had contemplated suicide several weeks earlier. The evaluation diagnosed you as having depression with elements of post traumatic stress disorder, obsessive thinking, and anxiety. On 2 March 2007, you received another psychiatric evaluation during which you stated that you might hurt yourself. The evaluation diagnosed you as having an anxiety disorder not otherwise specified and a major depressive disorder that existed prior to enlistment and concluded by recommending administrative separation.
On 9 April 2007, your commanding officer initiated an entry level separation by reason of erroneous enlistment. In connection with this processing, you acknowledged the separation action. On 17 April 2007, the separation authority approved the recommendation and directed an entry level separation by reason of erroneous enlistment. On 24 April 2007, you were so discharged and assigned an RE-4 reenlistment code.






Regulations authorize the assignment of an RE-4 reenlistment code to members who are discharged with an entry level separation by reason of erroneous enlistment or are considered a threat to harm themselves or others if retained. Since you have been treated no differently than other 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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