DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 155-08
1 December 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 25 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 on 23 February 2006 at age 17 and served
without disciplinary incident.
On 19 July 2006 you were diagnosed with a chronic and severe
adjustment disorder with mixed anxiety and depressed mood that
was not expected to improve while serving in the military. The
psychiatric report stated, in part, that you had engaged in self-
mutilation, had thoughts of self-harm, posed a danger to yourself
and others, and had difficulty adjusting to the demands of
Military environments. As a result you were recommended for an
administrative discharge because your disorder was of such
severity that it interfered with your ability to adequately
serve.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to a condition,
not a disability. On 2 August 2006 the separation authority
directed an entry level separation by reason of convenience of
the government due to a condition, not a disability as evidenced
by the diagnosed adjustment disorder. On 11 August 2006 you were
so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to reenlist. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code. Further, the Board concluded that
your military and personal deficiencies, as well as the
nonrecommendation for retention or reenlistment were sufficient
to support the assignment of an RE-4 reenlistment code. Finally,
such a code is authorized by regulatory guidance and normally
assigned to Sailors who are separated with disqualifying medical
or mental conditions. 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. Nk PFE
Executive D r
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