DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00236-11
29 September 2011
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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 28 September 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 February 2009, at age 20. On 21 August 2009, a mental health
evaluation was conducted, and you were diagnosed with an
adjustment disorder, mixed disturbances of emotion and conduct,
and antisocial traits. On 28 August 2009, you received
nonjudicial punishment (NJP) for being in an unauthorized absence
(UA) status for three days. Based on the mental health
evaluation, you were honorably discharged by reason of a
condition not a disability. After you were advised of your
vights, you elected to receive copies of documents to be
forwarded to the separation authority, but waived all your other
procedural rights. Subsequently, on 9 September 2009, you were
@ischarged with an honorable characterization of service by
reason of a condition not a disability. 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. However, the Board found
these factors were insufficient to warrant changing your reentry
code due to your misconduct, and diagnosed condition. The Board
noted that applicable regulations authorize the assignment of an
RE-4 reentry code to individuals who are separated due to medical
conditions that interfere with duty performance. The Board thus
concluded that there is no error or injustice in your reason for
separation or RE-4 reentry code. 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,
SQand
W. DEAN PFE
Executive Die
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