DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Rocket No: 00565-09
.- 24 November 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 18 November 2009. Your allegations of error and
injugtice were reviewed in accordance with administrative
regu¥ations 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
16 September 1992, at age 19. On 28 September 1996, a recruit
mental health evaluation was conducted, and it was determined
that you were diagnosed with a personality disorder, with
Suicidal ideation and a risk to harm others, and considered an
extreme risk for psychotic decompensation, that existed prior to
your entry into the service. You were counseled regarding your
condition, and advised to seek treatment after separation. Based
on the mental evaluation, you were processed for separation by
reason of other physical and mental conditions due to your
diagnosed personality disorder. On 2 October 1992, 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 9 October
1992 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 entry level separation 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 cage 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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