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Decision Text

NAVY | BCNR | CY2008 | 00710-08
Original file (00710-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY AN
AV NEX TRA

WASHINGTON DC 20370-5100 Docket No: 710-08
23 December 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 December 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 2 July 2003 at age 18. Because of
the difficulties adjusting to the rigors of recruit training, you
were referred for a mental health evaluation. At that time, you
were diagnosed with a learning and adjustment disorder. Due to
these diagnoses an entry level separation was recommended. After
review, the separation authority directed an entry level
separation and the assignment of an RE-4 reenlistment code and
you were so separated on 18 August 2003. At that time, you had
completed about 47 days of active service.

 

Regulations allow for the assignment of an RE-4 reenlistment code
when an individual is separated prior to the completion of
recruit training and you have been treated no differently than
Many others. Although the documentation you submitted shows that
you have matured and improved your educational level, it
certainly does not suggest that you were improperly separated in
2003 or that you could now withstand the stresses of recruit
training. The Board concluded that a change in the RE-4
reenlistment code is not 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 P
Executive D

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