DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00941-10
28 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 26 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
25 July 2001. The Board found that you received nonjudicial
punishment (NUP) for 22 days of unauthorized absence (UA). You
received a forfeiture of pay, restriction, and extra duty. On
20 September 2001, you were the subject of a recruit mental
health evaluation that diagnosed you with an adjustment disorder
with mixed disturbance of conduct. The evaluation stated, in
part, that you demonstrated an inability to adjust since your
arrival at recruit training (unauthorized absence, suicide
threats, and continuously seeking separation from the service).
You were found to be immature and unwilling to accept
responsibility for your life and decisions. Subsequently, it was
determined that your condition was not correctable to meet Navy
standards and it posed a risk if you were retained on active
duty. Subsequently, you were discharged with an entry level
separation by reason of erroneous entry on 28 September 2001.
At that time, you were assigned a reenlistment code of RE-4.
I
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and short
period of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change to your RE-4
reenlistment code given your NUP and diagnosed adjustment
disorder. The Board noted that applicable regulations require
the assignment of an RE-4 reenlistment code to individuals who
are separated due to a diagnosed medical condition. 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.
gt 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,
\p dena
W. DEAN PFEI
Fxecutive Dir
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