DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100

		SJN
		Docket No: 09105-03
		2 August 2004

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 27 July 2004. 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.

moment of truth you revealed that you had a history of asthma, back problems and suicidal behavior, prompting a recruit mental health evaluation. Such an evaluation was conducted on 8 January 2002, and it was determined that you had an adjustment disorder with depressed moods. You were counseled regarding your condition, and advised to seek treatment after separation.

Based on the mental evaluation, you were processed for separation by reason of convenience of the government due to a physical or mental condition not constituting a disability, specifically, the adjustment disorder. On 11 January 2002, after you were advised of your rights and elected not to consult with counsel, you waived all or your procedural rights.

On 16 January 2002 the commanding officer directed discharge with an uncharacterized entry-level separation due to the adjustment disorder. You were so discharged on 22 January 2002. At that time, you were assigned a RE-4 reenlistment code.

The Board noted that applicable regulations authorized the assignment of an RE-4 reenlistment code to individuals who are separated due to a physical or mental condition, such as an adjustment disorder, and the code is usually assigned when an individual is discharged prior to completion of recruit training. The Board thus concluded that there is no error or injustice in your reenlistment 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,

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