DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7178-08
13 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
application 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 15 June 1998, you enlisted in the Navy at age 18. On
8 July 1998, you had a psychiatric evaluation during which you
stated that you had pre-service suicidal ideation, could not
adjust, and would kill yourself if you remained at recruit
training. The evaluation diagnosed you as having an adjustment
disorder with a depressed mood and recommended separation. On
13 July 1998, your commanding officer initiated an entry level
separation by reason of erroneous entry. In connection with
this processing, you acknowledged the separation action.
On 11 July 1998, the separation authority approved the
recommendation and directed an entry level separation by reason
of erroneous entry. On 17 July 1998, 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 erroneous entry and are
considered a threat to harm themselves or others if retained.
The Board noted your contention that you gave false information
while at recruit training in order to facilitate your
discharge, but found that it does not negate the psychiatric
evaluation. Therefore, given your pre-service suicidal
ideation and threat to kill yourself while at recruit training,
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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stated: them" This tirade continued all the way to sickbay, You repeatedly you better get me off of here before I kill one of “Dot, You admitted On the same day, you underwent a psychiatric evaluation due to your angry outburst and threatening a master chief. Punishment consisted of a reduction in rate to BT3, On 18 February 1994 you were separated with a general discharge by reason of personality disorder and assigned an RE-4 reenlistment code. that board.
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