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
NAVY | BCNR | CY1999 | 02469-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. The record reflects that on 30 June 1998 you were referred to a mental health unit because of suicidal ideation, inability to tolerate authority, and a prior undisclosed history of psychiatric treatment. Separation by erroneous entry is authorized when an enlistment would not have occurred if a disqualifying factor had been known prior to enlistment.
NAVY | BCNR | CY2008 | 07178-08
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. 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. ...
NAVY | BCNR | CY2002 | 05014-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this materi'al considered by the Board consisted Board. Based on these findings and your and a personality disorder with Additionally, you revealed The On 6 July 1999 you were notified that separation action was being initiated for...
NAVY | BCNR | CY2002 | 06039-00
6039-00 9 February 2001 -_ Dear- This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United Board for Correction of Navy A three-member panel for the Records, sitting in executive session, considered your application on 7 February 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. that the Navy's diagnosis of a...
NAVY | BCNR | CY2001 | 05913-01
Your reported history suggested a You were diagnosed with an mala- self- On 25 February 1999 you received a general discharge by reason of the diagnosed personality disorder, reenlistment code. The discharge processing documentation is not and were assigned an RE-4 The Board also noted that the Navy views The Board noted the statement in support of your Regulations authorize the assignment of an RE-4 reenlistment code to individuals separated by reason of a diagnosed personality disorder. ...
NAVY | BCNR | CY2001 | 06622-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 August 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 04975-01
you were recommended for an Subsequently, you were processed for an administrative separation by reason of erroneous entry due to the diagnosed personality disorder. The Board, in its review of your entire naval record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, prior service in the Marine Corps, and your contention that a therapist found little or no evidence of the diagnosed personality disorder. Further, the Board noted that...
NAVY | BCNR | CY2002 | 03498-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. you were referred to the On 15 July 1999 you were notified that separation action was being initiated by reason of defective enlistment and induction due to erroneous enlistment as evidenced by the personality disorder....
NAVY | BCNR | CY2008 | 11189-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 06296-01
separated under similar circumstances, the Board could find no The error or injustice in your assignment reenlistment code. to that board. 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.