DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00917-10
20 October 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 19 October 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
25 March 2009. ‘The Board found that on 20 April and 5 May 2009,
you were the subject of a recruit mental health evaluation that
diagnosed you with “disruptive behavior” that had existed prior
to your entry into the service. It was determined that your
condition was not correctable to meet Navy standards and that it
posed a risk if you were retained on active duty. Subsequently,
you were discharged with an uncharacterized entry level
separation by reason of fraudulent entry due to your failure to
disclose your history of psychiatric treatment, counseling, and
history of sexual abuse and being a sex offender. At that time,
you were assigned a reenlistment code of RE-4.
The Board noted the psychological reports that you submitted with
your application and the applicable regulations that require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to a medical condition 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
nesumption of regularity attaches to all official records.
Bensequently, when, applying for a correction of an official naval
@fecord,,..the burden “is on the applicant to demonstrate the
existence of probable material error or injustice.
5 wo ' nh
Sincerely,
W. DEAN PB R
Executive Sror
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