DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2003-08
10 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 9 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 15 May 2001 at age 18 and served
without disciplinary incident.
On 7 February 2002 you were referred to a medical health unit for
an anger management screening, depression, and failure to adapt
to a military environment. You reported, in part, that you had
no control in the military and did not like people telling you
what to do. You were diagnosed with major depression and an
adjustment disorder with depression. As a result you were
recommended for an administrative discharge because your
diagnoses were 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 21 February 2002 the separation authority
directed an honorable discharge by reason of convenience of the
government due to a condition, not a disability, as evidenced by
the diagnosed major depression and adjustment disorder. At that
time you were not recomnended for retention or reenlistment
because of your lack of potential for further service and failure
to adapt to a military environment. On 14 March 2002, while
serving in paygrade E-3, 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. It also considered your
assertion that your RE-4 reenlistment code was incorrectly
assigned because it did not apply to the requirements of your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in your reenlistment code.
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 serving in paygrade E-3
and 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,
.
A
. DEAN PREVFRE
Executive D xr
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