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NAVY | BCNR | CY2009 | 09668-09
Original file (09668-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR
Docket No: 9668-09
22 Tuly 200.0

 

Dear caeeliea. silt *

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 20 July 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 Navy on 21 March 2007 at age 18 and served
without disciplinary incident. Your record reflects an
administrative remarks entry which states, in part, that you had
been diagnosed with psychological problems that existed prior to
your enlistment. As a result, you were recommended for an
administrative separation. On 30 March 2007 you were advised
that you were not eligible for reenlistment due to the diagnosed
psychological problems. Subsequently, you were notified of
pending administrative separation by reason of erroneous entry
due to the diagnosed psychological problems. You did not object
to the separation, and after waiving your procedural rights, your
commanding officer directed an uncharacterized entry level
separation by reason of erroneous entry. On 16 April 2007, while
serving in paygrade E-1, you were so separated and 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.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reenlistment code because
of your diagnosed psychological problems which existed prior to
your enlistment. Further, the Board concluded that your
diagnosed psychological problems 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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