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

TJR
Docket No: 9439-02
21 August 2003

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 August 2003. 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 on 18 November 1999 at age 18. On 19 November 1999, during a recruit mental health examination, you were diagnosed with an oppositional defiant disorder and alcohol dependency, both of which existed prior to your enlistment. At that time you were recommended for an administrative separation due to a disqualifying psychiatric condition which affected your potential to properly perform duties.

On 26 November 1999 you were notified of administrative separation action by reason of convenience of the government due to defective enlistment and induction and/or erroneous enlistment as evidenced by the diagnosed oppositional defiant disorder and alcohol dependency. At that time you waived your right to consult with legal counsel and to submit a statement in rebuttal to the discharge. The discharge authority then directed an uncharacterized entry level separation by reason of erroneous entry, and on 3 December 1999 you were so separated from 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 immaturity and your contention that you believe that you were unjustly pressured into admitting that you had a history of alcohol abuse. Nevertheless, the Board concluded these factors and contention were not sufficient to warrant a change in the reenlistment code. Such a code is authorized when an individual is separated by reason of erroneous entry and is often assigned when there is a disqualifying psychiatric condition, and must be assigned if an individual is diagnosed with an alcohol or drug dependency. 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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