DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6128-10
30 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, Tnited
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 March 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 policies.
after careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 30 November 2009 at age 19 and served
without disciplinary incident. However, on 24 November 2009, you
were referred for a mental evaluation due to your imability to
adapt as evidenced by your uncontrollable crying, poor sleeping,
impaired concentration, feelings of hopelessness and
helplessness, and thoughts of suicide. You were diagnosed with
an adjustment disorder with a depressed mood, a condition that
significantly impaired your ability to function effectively. You
were recommended for ongoing psychiatric care because of your use
of poor judgment, unreliable work performance and being at risk
to harm yourself or others. Subsequently, you were recommended
for an expeditious administrative separation and advised that you
were not recommended for retention and were ineligible for
reenlistment due to the diagnosed psychological condition.
On 4 December 2009 you were notified of pending separation action
by reason of convenience of the government due to the diagnosed
physical or mental condition that was not a disability. At that
time you did not object to the separation and waived your
procedural rights. On 7 December 2009 the discharge authority
directed your commanding officer to issue an uncharacterized
entry level separation by reason of erroneous entry, and to
assign an RE-8 reenlistment code, and on 14 December 2009, you
were so separated.
The Board concluded that your nonrecommendation for retention,
ineligibility for reenlistment due to the diagnosed physical or
mental condition, specifically, an adjustment disorder, and the
assignment of an RE-8 reenlistment code were administratively and
’ procedurally correct. 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,
Neo8
W. DEAN PFEHRIF
Executive Director
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