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NAVY | BCNR | CY2013 | NR5699 13
Original file (NR5699 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TAL
Docket No: 5699-13
11 June 2014

 

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 4 June 2014. 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

-7 December 2004 at age 23. On 16 December 2004, you were the

subject of a mental health evaluation that diagnosed you with

a mixed anxiety and depressed mood adjustment disorder. The
diagnosed conditions interfered with your potential for
performance of expected duties and responsibilities. You were
notified of the recommendation that you be discharged due to a
condition not a disability. Subsequently, your commanding
officer directed an uncharacterized entry level separation. You
were so discharged and assigned an RE-4 (not recommended for
retention) reentry code on 29 December 2004.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reentry code, which was based on your diagnosed adjustment
disorder and non-recommendation for retention. 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,

(Set

ROBERT D. ZSALMAN
Acting Executive Director

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