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NAVY | BCNR | CY2013 | NR459-13
Original file (NR459-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TIR

Docket No: 459-13/
346-13

49 March 2013

 

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 19 March 2013. . 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 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. -

Your record reflects that on 11 December 2003 you signed pre-
enlistment documents in which you answered “NO” to questions
regarding being seen by a psychiatrist, psychologist, counselor,
or other medical/mental professional. You enlisted in the Navy
at age 18, began a period of active duty on 22 July 2004, and ©
served without disciplinary incident.

On 21 June and again on 8 July 2006, during medical evaluations,

you revealed that you had omitted information about your pre-
service mental treatment in that you had failed to disclose your
history of mental health treatment, anger issues, suicidal
gestures, psychologist visits, hospitalization for psychiatric

' purposes, and use of various medications, to include Imipramine,
Zoloft, Resperidol, and Trazodone. On 16 July 2006 you were
diagnosed with a depressive disorder resulting from sexual and
physical abuse, and antisocial and borderline features which
‘existed prior to ‘your enlistment. As a result, you were strongly

recommended for an administrative separation. On 14 August 2006
you were notified of administrative separation by reason of
defective and fraudulent enlistment due to your failure to
disclose pre-service history of mental: health treatment. After
waiving your procedural rights, your commanding officer
recommended a general discharge by reason of fraudulent entry.
On 21 August 2006 the discharge authority approved this
recommendation and directed your commanding officer to issue you
a general discharge by reason of fraudulent entry, and on 11
October 2006 you were so discharged and assigned an RE-4
reenlistment code.

- The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code and
presumably the narrative reason for separation so that you may _
reenlist ‘in the armed forces. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case
because of your failure to disclose your pre-service mental
health history. The Board concluded that your failure to
disclose this information was sufficient to support the —
‘assignment of an RE-4 reenlistment code, which is authorized by
regulatory guidance. ‘Finally, the Board suggested that, if you
wish, you may apply for a waiver of your RE-4 reenlistment code
with branches of the armed forces other than the Navy.

Accordingly, your application has been denied.

Tt 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,

Ly Roan Aart
2 Rested .
Executive Dire ir

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