DEPARTMENT OF THE NAVY |
BOARD FOR CORRECTION OF NAVAL RECORDS.
2 NAVY AMEX Docket No: 4394-09
WASHINGTON DC 20370-5100
15 June 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 15 June 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 7 March 2007.
On 2 April 2007 you underwent a psychological evaluation and were
given a diagnosis of malingering with passive-aggressive traits.
You were hospitalized after you made a suicidal gesture. On il
April 2007 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, while not required,
igs authorized by regulatory guidance and is often assigned to
service members separated by reason of erroneous entry especially
in cases such as yours where the enlistment is deemed erroneous
because of a disqualifying psychiatric condition.
The Board was not persuaded that it would 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 wiil 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 uwoon 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,
FetyW. DEAN PFEIFFER
Executive Director
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