DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3962-09
26 March 2010
This is in refefence to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 2552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on .23 March 2010. The names and votes of the
members of the panel will be furnished upon request.
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 Naval Reserve on 11 May 1992 at age 17 and
served without disciplinary incident.
Your record reflects that on 14 May 1992, after undergoing a
psychiatric evaluation, you were diagnosed with a severe
adjustment disorder with depressed mood and dependent immature
traits. The report also noted, in part, that your psychiatric
history included adjustment problems, depression, suicidal
thoughts, and treatment by using antidepressants. Subsequently,
it was determined that this condition negatively impacted your
performance of duty and affected your ability to function
effectively. As such, you were recommended for an expeditious
administrative separation.
As a result of the foregoing, you were notified of administrative
separation by reason of erroneous enlistment as evidenced by your
diagnosed severe adjustment disorder. Presumably, you did not
object to the separation and waived your right to submit a
separation rebuttal statement. Subsequently, the discharge
authority directed your commanding officer to issue you an
uncharacterized entry level separation by reason of erroneous
entry, and on 21 May 1992, while serving in paygrade E-1, you
were so discharged and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code and
narrative reason for separation because they do not coincide with
each other. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in your reenlistment code or
narrative reason for separation because of your diagnosed
adjustment disorder and psychiatric history which included
Suicidal thoughts. Further, the Board concluded that your
diagnosed adjustment disorder and nonrecommendation for retention
or reenlistment were sufficient to support the assignment of an
RE-4 reenlistment code, which is authorized by regulatory
guidance. Accordingly, your application has been denied.
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,
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