DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DCG 20370-5100
CRS
Docket No: 894-09
17 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 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 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 24 July 2000.
You underwent psychological evaluation on 14 August 2000, and
disclosed a pre-service history of attention
deficit/hyperactivity disorder and a bipolar disorder. You were
given a diagnosis of a bipolar disorder and recommended for
discharge. On 24 August 2000 you received an entry level
separation by reason of erroneous entry and were assigned code of
RE-4.
The Board noted that a reentry code of RE-4 is authorized by
regulatory guidance and is often assigned to service members
separated by reason of erroneous entry, especially in cases such
as yours where the enlistment is deemed erroneous because of
previously undisclosed, disqualifying physical or psychological
conditions.
The Board carefully considered your contentions to the effect
that you were misdiagnosed, and that you want to be assigned a
more favorably reentry code so that you will be eligible to
reenlist. The Board concluded that you had a duty to fully
disclose your medical history when you applied for enlistment,
and that you failed to do so. The Board concluded further that
you have not demonstrated that it would be in the interest of
justice for it to assign you a more favorable reentry 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,
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