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NAVY | BCNR | CY2010 | 08338-10
Original file (08338-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX i
REC

WASHING 5 2 -5 m
TON DG 20370-5100 = noaket No: 08338-10
21 April 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 20 April 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 or
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

21 November 2007, at age 17. On 26 February 2008, you were
referred for a mental health evaluation which was conducted and
diagnosed you with an adjustment disorder with anxiety, and
depressed mood. You were counseled regarding your condition, and
advised to seek treatment after separation. Based on the mental
health evaluation, and the fact that you failed to disclose that
you were claustrophobic and had experienced symptoms prior to
enlisting, you were processed for separation by reason of a
diagnosed personality disorder. After you were advised of your
rights, you elected to receive copies of documents to be
forwarded to the separation authority, but waived all your other
procedural rights. Subsequently, on 3 April 2008, you were
discharged with an uncharacterized entry level separation by
reason of your diagnosed personality disorder. At that time, you
were assigried a reentry code of RE-4.

In its review of your application, the Board considered all
mitigating factors, such as your youth. Nevertheless, the Board
found these factors were insufficient to warrant changing your
reentry code due to your diagnosed personality disorder. The
Board noted that applicable regulations authorize an
uncharacterized discharge for individuals who fail to complete
recruit training. The Board thus concluded that there is no
error or injustice in your reentry code which was correctly
assigned under your circumstances. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.

"rt 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,

NER

{
W. DEAN PF
Executive D to

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