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NAVY | BCNR | CY2010 | 05271-10
Original file (05271-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

TAL
Docket No: 5271-10
31 January 2011

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 January 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 and began a period of active duty on

26 June 2007 at age 20. On 13 July 2007, you were the subject of
a mental health evaluation that diagnosed you with a major
depression disorder that existed prior to entry. The diagnosed
condition interfered with your potential for performance of
expected duties and responsibilities. You admitted that you had
thoughts of cutting yourself with a razor. You stated in part
that you had a history of self-mutilation from age 16 until 18
whenever you got depressed. You were notified of the
recommendation that you be discharged by reason of fraudulent
entry. Subsequently, your commanding officer directed an
uncharacterized entry level separation, and you were so
discharged and assigned an RE-4 reentry code on 2 August 2007.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reentry code, which was based on your diagnosed depressive
disorder. 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,

LD an

W. DEAN PFE\AFFRR
Executive Ditvec

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