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NAVY | BCNR | CY2007 | 08528-07
Original file (08528-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-51 oOo

 

SIN
Docket No: 08528-07

17 September 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 9 September 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.

You enlisted in the Navy 25 July 2006 at age 17. On 8 August
2006, a recruit mental health evaluation was conducted, and it

diagnosed you with depression. You were counseled regarding your
condition, and advised to seek treatment after separation.

Based on the mental evaluation, you were processed for separation
by reason of erroneous enlistment due to depression. On

10 August 2006, after you were advised of your rights, you
elected to receive copies of documents to be forwarded to the
separation authority, but waived all. your other procedural
rights. Subsequently, on 22 August 2006 you were discharged with
an entry level separation by reason of erroneous enlistment. At
that time, you were assigned a reenlistment code of RE-4.

The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to erroneous enlistment. The Board thus concluded
that there is no error or injustice in your 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,

e .

W. DEAN P
Executive

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