DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01040-10
15 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 14 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
iejustice ;
You enlisted in the Navy on 20 November 2001, and began a period
of active duty on 9 January 2002, at age 17. On 5 February 2002,
you were referred to a Recruit Evaluation Unit (REU) fora mental
health assessment which was conducted and you were diagnosed with
an oppositional defiant disorder. You disclosed that at age 14
you had thoughts of suicide, used marijuana daily prior to your
enlistment, and during your time at recruit training command, you
could not handle having people “in your face”, or telling you
what to do. You were counseled regarding your condition, and
advised to seek treatment after separation. Based on the mental
health evaluation, and the fact that you failed to disclose your
previous suicidal ideation, you were processed for separation by
reason of erroneous entry due to your diagnosed adjustment
disorder. On 7 February 2002, 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 13 February 2002, you were
discharged with an uncharacterized entry level separation by
reason of erroneous entry (other). At that time, you were
assigned a reenlistment code of RE-4.
In its review of your application, the Board considered all
mitigating factors, such as your youth and record of service.
Nevertheless, 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 an uncharacterized discharge for individuals who are
separated due to a,medical diagnosis of an adjustment disorder
Send are processed for erroneous entry. Further, it is well
fecttled in the law that if a Sailor procures a discharge by
fraud, he should not benefit from it when it is discovered.
grherefore, if you lied to get out of the military as you contend,
fio corrective act#on would be appropriate. The Board thus
concluded that there is no error or injustice in your
reenlistment code which was correctly assigned under your
circumstances. 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.
Sincerely,
NAVY | BCNR | CY2002 | 05014-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this materi'al considered by the Board consisted Board. Based on these findings and your and a personality disorder with Additionally, you revealed The On 6 July 1999 you were notified that separation action was being initiated for...
NAVY | BCNR | CY1999 | 02469-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. The record reflects that on 30 June 1998 you were referred to a mental health unit because of suicidal ideation, inability to tolerate authority, and a prior undisclosed history of psychiatric treatment. Separation by erroneous entry is authorized when an enlistment would not have occurred if a disqualifying factor had been known prior to enlistment.
NAVY | DRB | 2005_Navy | ND0501551
SR was informed regarding their condition and was recommended to seek treatment, SR is suitable to report to Separations Division. 990422: Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a borderline personality disorder and convenience of the government due to physical or mental conditions as...
NAVY | BCNR | CY2002 | 03990-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board found no evidence that the diagnosis of adjustment disorder was incorrect. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2009 | 03009-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2010. 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. The Board thus concluded that there is no error or injustice in your character of service or your reenlistment code which were correctly assigned...
NAVY | DRB | 2003_Navy | ND03-01368
ND03-01368 Applicant’s Request The application for discharge review was received on 20030815. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Commanding Officer recommended separation by reason of fraudulent enlistment and convenience of the government due to a diagnosed personality disorder.
NAVY | BCNR | CY2010 | 05523-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 2011. However, the Board concluded that your RE-4 reentry code should not be changed due to your failure to disclose your psychiatric history and diagnosed personality disorder. 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.
NAVY | BCNR | CY2001 | 01908-01
1908-01 19 July 2001 Dear 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. 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. contend that you became worried while in recruit training that you would not be able to pay your bills after you learned...
NAVY | BCNR | CY2006 | 03691-06
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 fo d the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Navy on 16 May 2002 at age 18 and served without disciplinary incident.On 3 June...
NAVY | BCNR | CY2001 | 01863-01
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