DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 12117-09
25 August 2010
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 25 August 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
12 June 2008, at age 24. On 8 September 2008, a recruit mental
health evaluation was conducted, and you were diagnosed with an
adjustment disorder, depressed mood with attention deficit
disorder. You admitted that you had used medication to deal with
your condition. You were counseled regarding your condition, and
advised to seek treatment after separation. Based on the mental
health evaluation, you were processed for separation by reason of
erroneous enlistment due to your diagnosed adjustment disorder
and depressed mood. You were advised of your rights, and you
elected to receive copies of documents to be forwarded to the
separation authority, but waived all your other procedural
rights. Subsequently, on 16 October 2008, you were discharged
with an entry level separation by reason of erroneous enlistment.
At that time, you were assigned a reenlistment code of RE-4.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to erroneous enlistment based on medical conditions
that existed prior to entry into the service. The Board thus
concluded that there is no error or injustice in your
reenlistment code. There is evidence in your record contrary to
your allegation. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and allegation that you were discharged due to
financial hardship. Nevertheless, the Board found that these
factors were not sufficient to warrant changing your reenlistment
code due to your diagnosed adjustment disorder and erroneous
enlistment. 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,
la eas
W. DEAN PFHAF
Fxrecutive or
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