DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05581-09
22 Boril 2016
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.
2B three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 April 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
21 November 1988, at age 21. On 11 January 1989, a mental health
evaluation was conducted, and you were given a diagnosis of
having situational adjustment reaction, manifested by immaturity,
low frustration tolerance and an inability to perform the minimum
routine requirements. Based on your mental health evaluation,
lack of performance, and your failure to adapt, you were
processed for separation by reason of entry level performance and
conduct. 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 31 January 1989, you were discharged with an
entry level separation by reason of performance and conduct. At
that time, you were assigned a reenlistment code of RE-4, because
you were not recommended for retention.
In the review of your application, the Board considered all
mitigating factors, such as your youth. However, the Board found
these factors were insufficient to warrant changing your
reenlistment code, characterization of service or separation code
due to your performance and conduct. The Board noted that
applicable regulations authorize the assignment of an RE-4
reenlistment code to individuals who are separated due to medical
conditions that interfere with duty performance. The Board thus
concluded that there is no error or injustice in your
reenlistment code, characterization of service or separation
code. 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 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 PFET
Executive Di
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