DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7580-10
20 September 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 15 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 25 July 2007.
On 15 October 2009 you received nonjudicial punishment for
absence from appointed place of duty, insubordination,
deliberately dropping a live round on the deck, and conduct
likely to cause death or bodily harm to the crew of a ship. You
underwent a psychological evaluation on 24 October 2009 and were
given diagnoses of an adjustment disorder with mixed anxiety and
depressed mood, and occupational problems. On 5 November 2009
you received an honorable discharge due to the adjustment
disorder, which was considered a condition, not a disability,
which interfered with your performance of duty. You were
assigned a reentry code of RE-4, as permitted by regulatory
guidance.
The Board concluded that the assignment of a reentry code of RE-4
was appropriate in your case in view of your disruptive behavior.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to assign you a more
favorable reentry code, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
It is not within the purview of the Board to reinstate your
security clearance. If in the future you rejoin the military, it
will be the responsibility of that branch of military service.
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,
Ssaat
W. DEAN PFI
Executive Di
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