Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 07951-09
Original file (07951-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

* CRS
Docket No: 7951-09
23 November 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 10 November 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 6 August 2008.
On 18 Aug 2008 you were diagnosed with an adjustment disorder
with depressed mood and a passive-aggressive personality disorder
that existed prior to your enlistment. You were separated from
the Navy with an entry level separation on 9 September 2008, by
reason of a condition, not a disability, which interfered with
your performance of duty. You were assigned a reentry code of
RE-4, as permitted by governing directives.

The Board was not persuaded that your reentry code was assigned
in error or that there is any basis for “deleting” your record as
if you had never enlisted. ‘Your belief that you were
misdiagnosed is not probative of the existence of material error
or injustice in your record, and does not provide a basis for
granting your request.

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,

Similar Decisions

  • NAVY | BCNR | CY2009 | 07064-09

    Original file (07064-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 July 2009. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was ansufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is.on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2009 | 01058-09

    Original file (01058-09.pdf) Auto-classification: Denied

    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. As you have not demonstrated that your reentry code was assigned in error, or that it is unjust, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2009 | 00140-09

    Original file (00140-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2009. Accordingly, and as RE-3P is the most favorable reentry code that may be assigned to a Marine discharged by reason of a personality disorder, your application has been denied. 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.

  • NAVY | BCNR | CY2009 | 00217-09

    Original file (00217-09.pdf) Auto-classification: Denied

    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. That code is often assigned in cases such as yours, where the enlistment is deemed erroneous because of previously undiagnosed, disqualifying psychological conditions. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2009 | 02865-09

    Original file (02865-09.pdf) Auto-classification: Denied

    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. he Board was not persuaded however, that it would be in the interest of justice to assign you a more favorable reentry code. 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.

  • NAVY | BCNR | CY2008 | 11055-08

    Original file (11055-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 06472-09

    Original file (06472-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 July 2009. 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. Consequently, when applying for a correction of an official naval record, the burd@en is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 08012-10

    Original file (08012-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 2011. However, the Board found these factors were insufficient to warrant changing your narrative reason for separation or reentry code due to your diagnosed adjustment disorder. The Board thus concluded that there is no error or injustice in your reason for separation or RE-4 reentry code.

  • NAVY | BCNR | CY2009 | 02858-09

    Original file (02858-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24. 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. 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...

  • NAVY | BCNR | CY2009 | 04108-09

    Original file (04108-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2009. 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 was not persuaded, however, that it would be in the interest of justice to assign you a more favorable reentry code.