DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TUR
Docket No: 438-11
21 October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 18 October 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 ail
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 19 August 2003 at age 19, began a
period of active duty on 5 August 2004, and served without
disciplinary incident. However, on 17 August 2004, you were
referred for a mental health evaluation due to your recurrent
suicidal thoughts as evidenced by you squeezing a chain around
your throat. The psychiatric report stated, in part, that you
were depressed, felt hopeless, anxious, and socially withdrawn,
and were experiencing poor concentration and low esteem. You
were diagnosed with an adjustment disorder with mixed anxiety and
a depressed mood, a condition that significantly impaired your
ability to function effectively. You were recommended for and
acknowledged an expeditious administrative separation. You were
also advised that you were not recommended for retention and were
ineligible for reenlistment due to the diagnosed psychological
condition. ~
On 20 August 2004 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 30 August 2004 the discharge authority
directed your commanding officer to issue an uncharacterized
entry level separation and to assign an RE-4 reenlistment code,
and on 7 September 2004, you were 50 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-4 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,
W. DEAN Tee
Executive rector
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