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NAVY | BCNR | CY2008 | 04473-08
Original file (04473-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

Docket No: 4473-08
10 April 2009

 

 

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
applitation on 8 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Navy on 9 July 2004.
You underwent psychological evaluation on 5 December 2004 and
were given a diagnosis of a major depressive disorder with
suicidal thoughts. On 16 December 2004 you were given an
additional diagnosis of a chronic adjustment disorder. On 13
January 2005 you received an entry level separation by reason of
a physical or mental condition. You were assigned a reentry code
of RE-4, as permitted by regulatory guidance.

The Board concluded that you were properly assigned a reentry
code of RE-4. That code is often assigned to Sailors discharged
because of a mental disorder, and particularly in cases where
there is evidence of suicidal ideation. The fact that you
believe your discharge was a mistake does not establish that your
condition was misdiagnosed in 2004, or provide a basis for
changing your present reentry 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,

W. DEAN PYEIF

Executive Dir

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