DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1408-08
24 September 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 24 September 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.
On 29 November 2004, you enlisted in the Navy at age 19. On
14 April 2005, you received a psychiatric evaluation during which
you stated that you had been depressed for several months and had
one or two brief suicidal thoughts. The evaluation diagnosed you
as having an adjustment disorder with a depressed mood.
On 11 July 2005, your commanding officer initiated administrative
separation action by reason of convenience of the government due
to a condition not a disability. In connection with this
processing, you acknowledged the separation action. On
13 July 2005, the separation authority approved the discharge
recommendation and directed an honorable discharge by reason of
convenience of the government due to a condition not a
disability. On 25 July 2005, you were so discharged and assigned
an RE-4 reenlistment code.
Regulations authorize assignment of an RE-4 reenlistment code to
members who are discharged due to a condition not a disability
and are considered a threat to harm themselves or others if
retained. Given your suicidal ideation and since you have been
treated no differently than others in your situation, the Board
could not find an error or injustice in the assignment of the
RE-4 reenlistment 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,
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