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

TJR
Docket No: 3691-06
28 November 2006

This is in reference o your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 552.

A three-member panel f the Board for Correction of Naval Records, sitting in e excusive session, considered your application on 28 November 2006. 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 fo d the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 16 May 2002 at age 18 and served without disciplinary incident.

On 3 June 2002 you w re referred to a recruit health unit for evaluation due to disclosure of your medical and psychiatric history. During this evaluation you reported a history of psychiatric care, an were diagnosed with a childhood-onset type conduct disorder. You were also recommended for an administrative separation. The evaluation stated, in part, as follows:

(Member) used R’talin from age 10 through 17 from family doctor..., used Zo1oft.... psychiatric are from age 16....

psychologists comments: poor impulse control and emotional regulation.... manipulative, aggressive..., poor stress tolerance and h s entertained thought of self-harm.... diagnosed: childhood-onset type conduct disorder with passive aggressive and antisocial traits which existed prior to enlistment..., recommended for administrative separation.
On 5 June 2002 you we e notified of pending administrative separation action by reason of erroneous enlistment due to the diagnosed childhood-o set type conduct disorder. At that time you waived your right to counsel with legal counsel and to submit a statement in rebuttal to the discharge action. On 7 June 2002 the discharge authority directed an uncharacterized entry level separation by reason f erroneous entry, and on 12 June 2002 you were so separated fro the Navy and were 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 reenlistment. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment c de because of the diagnosed childhood-onset type conduct disorder and your failure to disclose your history of mental and psychianc care prior to enlistment. The Board noted that Sailors separated for failure to disclose pre-service medical and/or mental conditions are often discharged by reason of fraudulent entry. Further, an RE-4 reenlistment code is authorized when a Sailor is separated by reason of erroneous entry. Accordingly, our application has been denied.

The names and votes of the members of the panel will be furnished upon request.

It is regretted that he 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,

	W DEAN PFIEFFER
Executive Director

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