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NAVY | BCNR | CY2010 | 04482-10
Original file (04482-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC

Docket No: 04482-10
10 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 9 February 2011. 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 on 15 July 1999, at the age of 18. Your
record is incomplete, but it appears that on 29 July 1999, a
mental health evaluation was conducted and you disclosed that you
had a pattern of difficulty tolerating authority, arguing with
authority figures, were irritable, held grudges, were vindictive,
refused to follow orders, and were deliberately annoying. You
were experiencing depressed moods, poor sleep, stress-induced
vomiting, anger, and suicidal ideation. All of the above listed
mental health problems existed prior to your enlistment. You
were diagnosed with oppositional defiant disorder and recommended
for an uncharacterized entry level separation. On 2 August 1999,
you were advised that your commanding officer was recommending
you for administrative separation with an uncharacterized entry
level separation due to your mental health evaluation by reason
of erroneous entry. You waived all of your procedural rights.
You received a reentry code of RE-4 upon your separation for a
condition not a disability. You were so discharged with an
uncharacterized separation on 9 August 1999.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to reenlist in the military. However, the
Board found that these factors were not sufficient to warrant any
change in your reentry code, given your diagnosed mental health
condition. 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,

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