DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 SUN .
Docket No: 01286-09
11 December 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 8 December 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
27 October 2004. Based on the information currently contained in
your record, a medical report covering the period from 28 to 30
September 2005, states, in part, that you complained of having
problems with anxiety, had frequent thoughts of suicide, you
realized that you did not fit in well with the Navy, and were
depressed, frustrated, anxious and feeling overwhelmed. You were
diagnosed with an adjustment disorder with mixed anxiety and
depressed mood. It appears you were notified of pending
administrative separation action by reason of convenience of the
government due to a condition, not a physical disability. You
elected to waive the rights to consult counsel, or submit a
statement. On 18 October 2005, you received an honorable
discharge due to the diagnosed adjustment disorder. At that
time, you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record, reference letters, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your reenlistment code given
the suicidal ideation and diagnosed mental condition. An RE-4
reenlistment code is routinely assigned under such circumstances.
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,
ly |
W. DEAN
Executive
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