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NAVY | BCNR | CY2009 | 03009-09
Original file (03009-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

REC
Docket No: 03009-09
25 January 2010

 

This is in reférence 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 20 January 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 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

3 February 2009, at age 21. On 11 February 2009, you were
referred to a Recruit Evaluation Unit (REU) for a mental health
assessment which was conducted and you were diagnosed with an
adjustment disorder. You were counseled regarding your
condition, and advised to seek treatment after separation. Based
on the mentai health evaluation, and the fact that you failed to
disclose your previous counseling and medication you were taking
prior to enlisting in the Navy, you were processed for separation
by reason of fraudulent entry due to your diagnosed adjustment
disorder with mixed anxiety, depressed mood, and post traumatic
stress disorder. On 26 February 2009, 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 March 2009, you were
discharged with an uncharacterized entry level separation by

reason of your adjustment disorder. At that time, you were
assigned a reenlistment code of RE-4.
In its review of your application, the Board considered all
mitigating factors, such as your youth and record of service.
Nevertheless, the Board found these factors were insufficient to
warrant changing your characterization of service due to your
diagnosed adjustment disorder. The Board noted that applicable
regulations authorize an uncharacterized discharge for
individuals who are separated due to medical diagnoses of .
adjustment disorders and processed for fraudulent enlistment.
The Board thus concluded that there is no error or injustice in
your character of service or your reenlistment code which were
correctly assigned under your circumstances. Accordingly, your
application has beén 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,

   

W. DEAN P
Executive

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