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NAVY | BCNR | CY2008 | 09297-08
Original file (09297-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 9297-08
27. October 2008

 

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 16 October 2008. 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 15 June 2006.

On 20 June 2006 you underwent a psychological evaluation and were
given a diagnosis of a personality disorder. The evaluator also
noted that you had suicidal thoughts and were bisexual. On 29
June 2006 you received an entry level separation by reason of
erroneous entry and were assigned a reentry code of RE-4.

The Board noted that a reentry code of RE-3E or RE-4 may be
assigned to a service member separated by reason of erroneous
entry. A code of RE-4 is generally assigned in cases such as
yours, where there ig evidence of suicidal ideation and the
enlistment is deemed erroneous because of the service member’s

admission of bisexuality.

The Board did not accept your contention to the effect that you
had an altered state of mind as a result of a head injury you
sustained prior to enlisting, which caused you to make false
admissions of bisexuality and suicidal ideation. The Board was
not persuaded that it would be in the interest of justice to
assign you a more favorable 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,

ly Roark

W. DEAN PFEIF
Executive Dire

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