DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3488-10
17 February 2011
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 15 February 2011. 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 polieles.
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
TTUstice.
You enlisted in the Navy on 27 May 2004 at age 20 and served
without disciplinary incident. Shortly thereafter, on 18 June
2004, you were referred for an evaluation after complaints of
depressed and hopeless feelings, anxiousness, being socially
withdrawn, and having crying spells, decreased sleep and
appetite, and poor concentration. You were diagnosed with an
attention-deficit/hyperactivity disorder (ADHD), a condition
which existed prior to your enlistment. At that time you were
recommended for an expeditious administrative separation because
you posed a risk to yourself or others if retained.
On 22 June 2004 you were notified of pending administrative
separation by reason of fraudulent entry due to your failure to
disclose your pre-service psychiatric treatment for ADHD. You
did not object to the separation and waived your right to submit
a separation rebuttal statement. Subsequently, the discharge
authority directed your commanding officer to issue you an
uncharacterized entry level separation by reason of fraudulent
entry, and on 29 June 2004, while serving in paygrade E-1, you
were so discharged and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code so that
you may reenlist. It also considered the character reference
letter provided in support of your case. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code because of your diagnosed ADHD and
failure to disclose the existence of this condition. Further,
the Board concluded that the diagnosed ADHD and nonrecommendation
‘for retention gr reenlistment were sufficient to support the
‘assignment of an RE-4 reenlistment code, which is authorized by
‘regulatory guidance. Accordingly, your application has been
denied. :
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,
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