DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00285-12
26 September 2012
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 26 September 2012. 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
13 June 2007, at age 19. On 24 July 2007, you were referred for
a mental health evaluation and diagnosed with a personality
disorder which existed prior to your enlistment. You were
counseled regarding your condition, and advised to seek
treatment after separation. Based on the mental health
evaluation you were processed for separation by reason of a
diagnosed personality disorder, and the fact that you disclosed
that you had suicidal ideation. 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 28 August 2007, you were
discharged with an uncharacterized entry level separation by
reason of erroneous entry. 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 serve less than
180 days of active duty. and fail to complete training.
Regarding your allegation that you lied about your mental health
to obtain a discharge, the Board could not determine if you were
lying then or now. The Board concluded that iE you did lie
about your mental health to obtain a discharge, you should not
be rewarded now for your fraud with an RE-1 reentry code. The
Board thus concluded that there is no error or injustice in your
reentry code which was correctly assigned based on your
diagnosed personality disorder. 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,
Dass
W. DEAN PF
Executive Di
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