DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08875-07
29 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 23 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 on 23 January 2002 at age 25. On
7 March 2002, a mental health evaluation determined that you had
an adjustment disorder with mixed anxiety and depressed mood,
made a with suicide attempt, alcohol abuse that existed prior to
your entry into the service, and amphetamine dependency. The
report further stated that you were a risk to harm yourself or
others if retained in the Navy.
Based on the mental evaluation, you were processed for separation
by reason of convenience of the government due to a condition not
a disability for the diagnosed conditions. On 1 April 2002, you
were advised of your rights, elected to submit a statement and to
receive copies of documents to be forwarded to the separation
authority, but waived all your other procedural rights.
Subsequently, on 31 May 2002, you were discharged with an entry
level separation. 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 Sailors who are
separated due to a condition, not a disability, your suicidal
gesture, and the fact that you were a risk to harm yourself or
others if retained. An RE-4 reenlistment code is routinely
assigned under such circumstances. 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,
fh
W. DEAN
Executive Dive ae
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