DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TOR
Docket No: 10600-09
29 July 2010
SOT ee eee wae
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 27 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 applicabie 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 15 February 2007 at age 20 and served
without disciplinary incident. On 21 February 2007 you were
referred for a mental evaluation for suicidal ideation, after
stating, in part, that you would kill yourself by any means
possible. You were diagnosed with a recurrent major depressive
disorder, cannabis dependence, which was in remission, anda
borderline personality disorder with conduct disorder features.
The report further stated that you posed as a risk to yourself
and/or others. As a resuit, you were recommended for an
expeditious administrative separation. Subsequently, you were
advised that you were not eligible for reenlistment due to the
diagnosed psychiatric problems. On 27 Pebruary 2007 you were
notified of pending administrative separation by reason OL
erroneous entry due to the diagnosed psychiatric 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 13 March 2007, while serving in paygrade E-3, 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. It also
considered the health records submitted in support of your case.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reenlistment code because
of your diagnosed psychiatric problems which affected your
potential for the performance of your expected duties and
responsibilities. Further, the Board concluded that your
diagnosed psychiatric 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 ef 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,
\ugae
Executive Ditector
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