DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09187-07
3 November 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 28 October 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 and began a period of active duty on
29 January 2007 at age 18. On 5 March 2007, a recruit mental
health evaluation was conducted, and it was determined that you
had a recurrent severe major depression and chronic post
traumatic stress disorder following a pill overdose. 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 your diagnosed disorder.
On 8 March 2007, 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 March 2007 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,
\
F
W. DEAN PFEI
Executive Diredt
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