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NAVY | BCNR | CY2008 | 02019-08
Original file (02019-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

' TOR
Docket No: 2019-08
7 January 2009

 

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 6 January 2009. 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 31 August 2000 at age i7. On 3
October 2000, while in recruit training, you were referred for a
psychiatric evaluation due to complaints of puzzling thoughts of
suicide. You were diagnosed with a depressive disorder that
existed prior to your enlistment. You were found to be unfit for
further service and recommended for an expeditious administrative
separation.

On 12 October 2000 you were notified of pending administrative
separation by reason of erroneous entry due to the diagnosed
depressive disorder. At that time you did not object to the
separation and waived your right to submit a rebuttal statement

to the aforementioned notification. On 18 October 2000 the
separation authority directed an uncharacterized entry level

separation by reason of erroneous entry and on 19 October 2000
you were so separated and assigned an kKE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to reenlist and post service conduct. Nevertheless,
the Board concluded these factors were not sufficient to warrant
a change in your reenlistment code. Further, the Board concluded
that your diagnosed depressive disorder was sufficient to support
the assignment of an RE-4 reenlistment code. Finally, sucha
code 1s authorized by regulatory guidance and normally assigned
to Sailors who are separated due to their failure to complete
recruit training. 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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