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NAVY | BCNR | CY2007 | 10919-07
Original file (10919-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX   
WASHINGTON DC 2O37O-5100


                  TRG
          Docket No: 10919 - 07
          29 May 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 20 May 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.
You enlisted in the Navy on 18 April 2006 at age 18. While in recruit training, you were referred for a psychiatric evaluation because you reported a preservice history of psychiatric hospitalization. A subsequent evaluation which included psychiatric testing concluded that you had a personality disorder. Based on your concealment of your preservice history and the Navy evaluation, you were processed for an administrative separation. In connection with this processing, you elected to waive your procedural rights. After review, the separation authority directed an entry level separation by reason of fraudulent enlistment and you were so separated on 6 June 2006. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.
You contend in your application in effect that you should not have been separated by reason of fraudulent enlistment because your recruiter did not make the required entries in your record after you informed him of your psychiatric problems. You have also provided a current psychiatric evaluation which concludes that “there does not appear to be a basis for the diagnosis of any current mental health difficulties or psychiatric conditions.”
There is no evidence in the record and you have submitted none to support your contention that your recruiter committed a fraud to allow your enlistment. In the absence of such evidence there is no basis for a change in the reason for your discharge. However, even if your contentions are true, it is clear that given your psychiatric history you probably would have been separated from the Navy for some other reason.
Regulations require the assignment of an RE-4 reenlistment code when an individual is separated by reason of fraudulent enlistment. Further, regulations allow the assignment of an RE-4 reenlistment code in most other cases when an individual is separated prior to completion of recruit training regardless of the reason for separation. The Board concluded that the RE-4 reenlistment code was properly assigned and no change is warranted.
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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