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NAVY | BCNR | CY2009 | 01850-09
Original file (01850-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 1850-09
12 March 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 11 March 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 17 April 2000.
On 6 June 2000 your commanding officer directed your separation
by reason of erroneous entry due to your disqualifying diagnoses
of personality disorder and attention deficit-hyperactivity
disorder. You were so discharged on 12 June 2000, with an entry
level separation. You were assigned a reentry code of RE-4.

The Board found that a reentry code of RE-4, while not required,
may be assigned to Sailors discharged by reason of erroneous
entry. It is often assigned in cases such as yours, where an
enlistment is deemed erroneous because of a disqualifying
psychological condition. You would not be entitled to a reentry
code of RE-3F in any case, because that code is assigned only to
those Sailors who fail to meet physical readiness standards (fail
the Physical Fitness Assessment). 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 ackion 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,

SLA

W. DEAN PFEIF
Executive Direvtor

  
 

 

 

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