DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 10749-09
12 August 2010
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 10 August 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 23 September 2000 at age 18, began a
period of active duty on 18 October 2000, and served without
disciplinary incident.
Your record reflects that on 8 November 2000 you were referred
for a mental evaluation for depressive symptoms. You were
diagnosed with a dependent personality disorder, an oppositional
defiant disorder, and a conduct and behavior disorder, all of
which existed prior to your enlistment. Because the severity of
these disorders, you were recommended for an expeditious
administrative separation. On 15 November 2000 you were notified
of administrative separation by reason of erroneous enlistment as
evidenced by your diagnosed personality and oppositional defiant
disorders. It appears that you did not object to the separation
and waived your right to submit a separation rebuttal statement.
However, the record clearly reflects that the discharge authority
directed your commanding officer to issue you an uncharacterized
entry level separation by reason of erroneous entry, and on 21
November 2000, while serving in paygrade E-1, you were so
discharged and were 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
yeur youth and desire to change your reenlistment code. It also
@onsidered your assertion that you do not have any mental
Gisorders that would ‘render you unfit to serve in the armed
forces. Nevertheless, the Board concluded these factors were not
sufficient to warrant, a change of your reenlistment code because
of the severity of your diagnosed personality and oppositional
defiant disorders. The Board concluded that your mental
disorders, nonrecommendation for retention, and failure to
complete recruit training were sufficient to support the
assignment of an RE-4 reenlistment code, which is authorized by
regulatory guidance. Finally, there is documented evidence in
the record that is contrary to your assertion. 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,
ls )
W. DEAN PFET
Executive Direc
NAVY | BCNR | CY2002 | 00514-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 8 May 2002. You were so discharged on 24 April 2000. Reglations authorize the assignment of an RE-4 reenlistment code to individual separated by reason erroneous enlistment.
NAVY | DRB | 2002_Navy | ND02-00758
ND02-00758 Applicant’s Request The application for discharge review, received 020506, requested that the reason for the discharge be changed to Best Interest of Service (Secretarial Authority) and that a recommendation be made to the Board for Correction of Naval Records (BCNR) to change the reenlistment code to RE-1. 000811: Commanding Officer, RTC Great Lakes, directed Applicant's discharge with an uncharacterized service (entry level separation) by reason of defective enlistment and...
NAVY | BCNR | CY2002 | 09439-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 2003. On 26 November 1999 you were notified of administrative separation action by reason of convenience of the government due to defective enlistment and induction and/or erroneous enlistment as evidenced by the diagnosed oppositional defiant disorder and alcohol dependency. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2010 | 01040-10
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. Nevertheless, the Board found these factors were insufficient to warrant changing your reenlistment code due to your diagnosed adjustment disorder. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 06873-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2 0 0 2 . 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...
NAVY | BCNR | CY2004 | 02142-04
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. Applicable regulations authorize the assignment of an RE-4 reenlistment code when an individual is discharged due to an erroneous enlistment. 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 | CY2008 | 02243-08
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. Given your diagnoses that resulted in discharge after about three months of active service and since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the entry level separation or assignment of the RE-4 reenlistment code. ...
NAVY | BCNR | CY2010 | 04482-10
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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 08552-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2009. Given your suicidal ideation, and since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | DRB | 2005_Navy | ND0500544
Recommendation: Entry level separation due to disqualifying psychiatric condition affecting Applicant’s potential for performance of expected duties and responsibilities while on active duty.030515: Applicant notified of intended recommendation for separation by reason of defective enlistment and induction due to erroneous enlistment as evidenced by oppositional defiant disorder and a passive-aggressive personality disorder. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW...