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NAVY | BCNR | CY2009 | 13006-09
Original file (13006-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

REC
Docket No: 13006-09
12 October 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 5 October 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

11 March 2008, at age 23. On 18 September 2008, a mental health
evaluation was conducted, and you were given a diagnosis of
having an adjustment disorder with anxiety, and depressed mood.
Based on the mental health evaluation, you were processed for
separation by reason of a diagnosed adjustment disorder. After
you were advised of your rights, you elected to receive copies of
documents to be forwarded to the separation authority, but waived
all your other procedural rights. Subsequently, on 26 November
2008, you were discharged with an honorable characterization of
service by reason of a diagnosed personality disorder. At that
time, you were assigned the most favorable reenlistment code of
RE-3G.

In its review of your application, the Board considered all

mitigating factors, such as your youth. However, the Board found
these factors were insufficient to warrant changing your
reenlistment code due to your diagnosed adjustment disorder. The

Board noted that applicable regulations authorize the assignment
of an RE-4 reenlistment code to individuals who are separated due
to medical conditions that interfere with duty performance. The
Board thus concluded that there is no error or injustice in your
more favorable RE-3G 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 ,itggdecision upon submission of new and material
@vidence or other*matter not previously considered by the Board.
Tabet needled; alt 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,
\pQoad

W. DEAN PF R

Executive tor

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