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NAVY | BCNR | CY2008 | 08552-08
Original file (08552-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMS
Docket No: 8552-08
20 May 2009

 

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 19 May 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 30 June 1999, you enlisted in the Navy at age 19. On

19 July 1999, you received a psychiatric evaluation and stated
that you had suicidal ideation before and during active duty,
and can not tolerate authority. The evaluation found that you
abused alcohol and cannabis, and diagnosed you as having a
bipolar disorder, oppositional defiant disorder, attention
deficit hyperactivity disorder which all existed prior to
enlistment. On 21 July 1998, your commanding officer initiated
an entry level separation by reason of erroneous entry due to a
disqualifying physical or mental condition that existed prior
to enlistment. In connection with this processing, you
acknowledged the separation action. On 22 July 1998, the
separation authority approved the recommendation and directed
assignment of an RE-4 reenlistment code. On 27 July 1999, you
were discharged with an entry level separation by reason of
erroneous entry and assigned an RE-4 reenlistment code.
Regulations authorize assignment of an RE-4 reenlistment code
to members who are not recommended for retention or are
considered a risk 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,

Wena Bs Fie Me

ROBERT D.~ZSALMAN
Acting Executive Director

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