DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 840-10
26 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 21 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
28 September 2009 at age 18. On 29 September 2009, you were the
subject of a mental health evaluation that diagnosed you with a
childhood onset conduct and antisocial personality disorder.
It was stated in part that you enjoyed mentally torturing animals
by trapping them and threatening their lives. And that you
tended to egg people on so the confrontations would become
physical. It was determined that your diagnosed personality
disorder would affect your potential for performance of expected
duties and responsibilities while on active duty. On 1 October
2009, your accession urinalysis tested positive for marijuana.
You were notified of the recommendation that you be discharged by
reason of erroneous entry (drug abuse). Subsequently, your
commanding officer directed an entry level separation. You were
so discharged and assigned an RE-4 reenlistment code on 13
October 2009.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
contention that you would like to reenlist in the armed forces.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reenlistment code given the
seriousness of your misconduct. Applicable regulations require
the assignment of an RE-4 reenlistment code to individuals who
are separated due to erroneous entry based on pre-service use of
. drugs and diagnosed personality disorder. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
¥Yorable action,cannot be taken. You are entitled to have the
oard reconsider its decision upon submission of new and material
sev ecence or other matter not previously considered by the Board.
n 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.
Bes regretted that the circumstances of your case are such that
Sincerely,
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