Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 09039-10
Original file (09039-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

 

 

WASHINGTON DC 20370-5100 REC
Docket No: 09039-10
6 May 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 4 May 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings ef thius
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

5 March 2007, at age 18. While at recruit training, a mental
health evaluation was conducted and you were diagnosed with a
personality disorder. You were counseled regarding your
condition, and advised to seek treatment after separation. Your
record is incomplete, but apparently, you were administratively
separated based on the 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 13 April
2007, you were discharged with an uncharacterized entry level
separation by reason of your diagnosed personality disorder. At
that time, you were assigned 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
180 days of active duty. The Board thus concluded that there is
no error or injustice in your reentry code which were 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.

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,

Similar Decisions

  • NAVY | BCNR | CY2010 | 08338-10

    Original file (08338-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 2011. The Board thus concluded that there is no error or injustice in your reentry code which was correctly assigned under your circumstances. 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.

  • NAVY | BCNR | CY2010 | 03866-10

    Original file (03866-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your — application on 26 January 2011. Nevertheless, the Board found these factors were insufficient to warrant changing your narrative reason for separation, or reentry code due to your diagnosed personality disorder which precluded you from successfully completing recruit training. The Board thus concluded that there is no error or injustice in your reentry code which were...

  • NAVY | BCNR | CY2010 | 05238-10

    Original file (05238-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 2011. Nevertheless, the Board found these factors were insufficient to warrant changing your reentry code due to your diagnosed personality disorder. The Board thus concluded that there is no error or injustice in your reentry code which was correctly assigned under your circumstances.

  • NAVY | BCNR | CY2012 | 00285-12

    Original file (00285-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2012. 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. The Board thus concluded that there is no error or injustice in your reentry code which was correctly assigned based on your diagnosed...

  • NAVY | BCNR | CY2010 | 03855-10

    Original file (03855-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. Nevertheless, the Board found these factors were insufficient to warrant changing your reentry code due to your diagnosed personality disorder. 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.

  • NAVY | BCNR | CY2010 | 04400-10

    Original file (04400-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. The Board thus concluded that there is no error or injustice in your reentry code which was correctly asSigned under your circumstances. 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.

  • NAVY | BCNR | CY2010 | 06836-10

    Original file (06836-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 March 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.

  • NAVY | BCNR | CY2010 | 05291-10

    Original file (05291-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reentry code, which was based on your diagnosed adjustment disorder. 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.

  • NAVY | BCNR | CY2010 | 05271-10

    Original file (05271-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 2011. 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. 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.

  • NAVY | BCNR | CY2010 | 08886-10

    Original file (08886-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 June 2011. 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. Nevertheless, the Board concluded that applicable regulations require the assignment of an RE-4 reentry code to individuals who are separated due to...