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NAVY | BCNR | CY2009 | 01577-09
Original file (01577-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 1577-10
7 April 2010

 

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 March 2010. 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 4 November 2003.
On 26 November 2003 you disclosed a prior history of attention-
_deficit/hyperactivity disorder and depression. You were given a
diagnosis of both of those disorders ag well as of a dysthymic
disorder. On 19 December 2003 you received an entry level
separation by reason of erroneous entry and were assigned a
reentry code of RE-4.

The Board noted that a reentry code of RE-4 is authorized by
reguiatory guidance and is often assigned to service members
separated by reason of erroneous entry, especially in cases such
as yours since the enlistment is deemed erroneous because of
previously undisclosed, disqualifying physical or psychological
conditions which existed prior to enlistment.

The Board did not accept your contention to the effect your
recruiter was guilty of concealing your medical information. It
concluded that it would not be in the interest of justice 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.

Tt 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 See "
Executive Di thor

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