DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
TUR
Docket No: 9458-08
13 August 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 11 August 2009. The names and votes of the
members of the panel will be furnished upon request.
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.
Your record reflects that on 10 October 1995 you enlisted in the
Navy at age 18. During this period of service you were diagnosed
with a delusional disorder, paranoid schizophrenia, and a
paranoid personality disorder, all of which existed prior to
enlistment. As a result, you were subsequently processed for an
administrative separation because you could not satisfactorily
complete recruit training due to the foregoing diagnosis. On 28
December 1995 you were issued an uncharacterized entry level
separation and were assigned an RE-4 reenlistment code.
Your record reflects that on 23 July 1997 you again enlisted in
the Navy. On 28 July 1997, during the moment of truth, you
failed to disclose your history of inpatient psychiatric
treatment and the foregoing psychiatric care and diagnosis
received in October 1995. Nonetheless, you were reevaluated and
again diagnosed with a delusional disorder, paranoid
schizophrenia, and a paranoid personality disorder, all of which
existed prior to enlistment. You were found to be unfit for
further service and recommended for an expeditious administrative
separation.
Subsequently, you were processed for an administrative separation
by reason. of fraudulent entry due to failure to disclose your
prior service, history of psychiatric treatment, and the
diagnosis of a delusional disorder, paranoid schizophrenia, and a
paranoid personality disorder. On 7 August 1997 the separation
authority directed an uncharacterized entry level separation by
reason of fraudulent entry and on 3 September 1997 you were so
separated and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reenlistment code because
of your fraudulent entry and diagnosed personality disorder.
Further, the Board concluded that your diagnosed psychiatric
disorders were sufficient to support the assignment of an RE-4
reenlistment code. Finally, such a code is authorized by
regulatory guidance and normally assigned to Sailors who are
separated due to their failure to disclose pre-service
psychiatric treatment. Accordingly, your application has been
denied.
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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