DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 12531-0939
16 September 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 14 September 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 and began a period of active duty on
16 July 2001. The Board found that you were the subject of a
recruit mental health evaluation which diagnosed you with a
passive aggressive personality disorder which had existed prior
to your entry into the service. Subsequently, you were
discharged with an entry level separation by reason of erroneous
enlistment on 6 September 2001. At that time, you were assigned
a reenlistment code of RE-4.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and medical issues. Nevertheless, the Board concluded
that applicable Navy 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.
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.
I Sincerely,
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