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NAVY | BCNR | CY2007 | 10313-07
Original file (10313-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
ROARD FOR CORRECTION OF NAVAL RECORDS
         WASH!NGTON DC 2O37O -51 00

        

                  CRS
 Docket No: 10313-07
28 July 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 16 July 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 11 July 2002. On 29 July 2002 you underwent a psychiatric evaluation and were given diagnoses of an adjustment disorder and a personality disorder. Further, you admitted that you had concealed a history of depression, suicide attempts and gestures, and drug abuse when you applied for enlistment. On 5 August 2002 you received an entry level separation by reason of erroneous entry and were assigned a reentry code of RE-4.
The Board noted that a reentry code of RE-4, while not required, is authorized by regulatory guidance and is often assigned to service members separated by reason of erroneous entry, especially in cases such as yours where the enlistment is deemed erroneous because of previously undisclosed physical, psychological an/or administrative disqualification .
The Board did not accept your uncorroborated contention to the effect that you were misdiagnosed. The Board concluded that it would not be in the interest of justice to assign you a more favorable reentry 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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