DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX CRS
WASHINGTON DC 20370-5100 Docket No: 9727-08
21 November 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 13 November 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 5 August 1998.
On 18 September 1998 your commanding officer directed your
separation by reason of erroneous entry due to your disqualifying
diagnosis of oppositional defiant/attention deficit-hyperactivity
disorder. You were so discharged on 21 September 1998, with an
entry level separation. You were assigned a reentry code of RE-4.
The Board found that a reentry code of RE-4 may be assigned to
Sailors discharged by reason of erroneous entry. It is often
assigned in cases such as yours, where an enlistment is deemed
erroneous because of a disqualifying psychological condition.
The Board carefully considered your contention to the effect that
you deserve a second chance, but found it insufficient to
demonstrate that your reentry code is erroneous, or to warrant
the substitution of a more favorable code as a matter of
clemency. 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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