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

						FC
											Docket No: 2142-04
											16 August 2004

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 11 August 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.

The Board found that you enlisted in the Navy on  30 July 2001 at age 17. On 17 October 2001 you were diagnosed with an oppositional defiant disorder and borderline personality 
Oppositional defiant disorder and a borderline to thoughts self-harm and had expressed such thoughts in a letter to your mother. The psychologist concluded by recommending administrative separation processing.

On 19 October 2001 you were notified of administrative separation processing by reason of erroneous enlistment due to the diagnosed disorders. You then elected to waive all of your procedural rights except the right to obtain copies of documents supporting the basis for the proposed separation. On 22 October 2001 the commanding officer directed separation by reason of erroneous enlistment due to the diagnosed oppositional defiant and personality disorders. On 25 October 2001 you were discharged with an entry-level separation by reason of erroneous enlistment and assigned a reenlistment code of RE-4.

	Applicable regulations authorize the assignment of an RE-4 reenlistment code when an individual is discharged due to an erroneous enlistment. Because of the diagnosed disorders and your admitted suicidal ideations, the Board concluded that the RE-4 reenlistment code was properly and appropriately assigned. Accordingly, your request 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,