DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09703-07
21 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 19 November 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
25 June 2007 at age 19. On 25 July 2007, a recruit mental health
evaluation was conducted, and it was determined that you had
Attention Deficit Hyperactivity Disorder (ADHD) that existed
prior to your entry into the service. 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 the ADHD. On 30 July
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 15 August 2007 you were discharged with an entry
level separation by reason of erroneous enlistment. At that
time, you were assigned an RE-4 reenlistment code.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to erroneous enlistment.
that there is no error or injustice in
Accordingly, your application has been
votes of the members of the panel will
It is regretted that the circumstances
favorable action cannot be taken. You
The Board thus concluded
your reenlistment code.
denied. The names and
be furnished upon request.
of your case are such that
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, \
nea
W. DEAN PFE
Executive Dilréc
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