DEPARTMENT OF THE NAVY .-
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
-WASHINGTON DC 20370-5100 REC . :
Docket No: 00343-09
5 November 2009
er Ett
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 28 October 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.
You enlisted in the Navy and began a period of active duty on
18 January 1986, at age 18. On 19 January 1986, you disclosed
during the “Moment of Truth” (MOT) to the interviewer that you
had previously attended psychological counseling, which was not
disclosed during your processing at the Military Entrance
Processing Station (MEPS). On 12 February 1986, a recruit mental
health evaluation was conducted, and you were given a diagnosis.
of having an intermittent explosive disorder.
Based on the mental evaluation, you were processed for separation
by reason of erroneous enlistment. After you were advised of
your rights, you elected to receive copies of documents to be
forwarded to the separation authority,. but waived all your other
procedural rights. Subsequently, on 21 February 1996, you were
discharged with an entry level separation by reason of erroneous
enlistment. At that time, you were assigned a reenlistment code
of RE-4.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to erroneous enlistment based on medical conditions
that existed prior to entry into the service. The Board thus
concluded that there is no error or injustice in your
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,
W. DEAN
Executive
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