DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 9815-08
18 March 2009
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 10 December 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 April 2007.
You underwent psychological evaluation on 30 April 2007 and were
given diagnoses of adjustment disorder with disturbance of
conduct, and “rule/out” personality disorder. On 20 June 2007
you received an entry level separation due to the adjustment
disorder, which was considered a condition, not a disability,
which interfered with your performance of duty. You were
assigned a reentry code of RE-4, as permitted by regulatory
guidance.
The Board concluded that the assignment of a reentry code of RE-4
was appropriate in your case in view of your disruptive behavior,
sub-standard performance of duty, and failure to conform to Navy
standards. The Board did not accept your contention to the
effect that you did not suffer from an adjustment disorder, and
that your disruptive behavior was related to the residual effects
of a head injury. Accordingly, and as you have not demonstrated
that it would be in the interest of justice for the Board to
assign you a more favorable reentry code, your application has
been denied. The names and votes of the members of the panel
will be furnished wpon 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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