DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03313-09
25 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 23 February 2010. Your ‘allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Ddécumentary 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
28 September 2004 at age 19. Based on the information currently
contained in your record it appears that on 1 November 2004 you
were diagnosed as having a pre-existing borderline and an
avoidant personality disorder, both of which had not been
disclosed prior to your entry onto active duty. On 8 November
2004, administrative separation action was initiated to separate
you by reason of fraudulent enlistment. “You waived your right to
consult counsel or to submit a statement. On 16 November 2004
the separation authority directed that you be discharged with an
entry level separation due to fraudulent enlistment. You were so
discharged on 19 November 2004 and assigned a reenlistment code
of RE-4.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and short
period of service. Nevertheless, the Board found that these
factors were not sufficient to warrant a change in your
reenlistment code due to the diagnosed personality disorders that
appear to have existed prior to your entry into the service,
which was not disclosed, causing your discharge by reason of
fraudulent enlistment. An RE-4 reenlistment code must be
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.
The Board did not consider whether to change the reason for
separation because you did not request such action, and you have
not exhausted your administrative remedy by applying to the Naval
Discharge Review Board (NDRB). You may apply to NDRB by
submitting the attached DD Form 293.
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,
Enclosure
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