DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01700-12
28 November 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 28 November 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
15 July 2009, at age 18. During your initial processing at the
Military Entrance Processing Station, you claimed on the report
of medical history that you never had received any counseling
from any mental health facility. However, during a mental
health evaluation on 18 August 2009, you were diagnosed with an
anxiety disorder, and you disclosed that you had received
outpatient counseling and sought treatment in a mental health
facility prior to your entry into the service. On 20 August
2009, you were informed that administrative separation
processing had been initiated. You were counseled regarding
your condition, and advised to seek treatment after separation.
Based on the medical evaluation, you were processed for
separation by reason of erroneous entry due to the diagnosed
anxiety disorder. You were advised of your rights, and elected
to receive copies of documents to be forwarded to the separation
authority, but waived all your other procedural rights.
Subsequently, on 28 August 2009, 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-8.
The Board noted that applicable regulations require the
assignment of an RE-8 reenlistment code to individuals who are
separated due to a medical condition that existed prior to entry
into the service and failed to complete initial training. The
Board also noted that accompanying your application, you
provided documentation from a psychologist stating that there is
no evidence of any psychological disorder at this time. The
Board noted that the reentry code of RE-8 is a waivable code by
any recruiting service. The Board thus concluded that there is
no error or injustice in your RE-8 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,
BRIAN J. GEORGE
Head, Discharge Section
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