DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 1123-20 
Ref: Signature Date 

Dear

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 26 March 2020.  The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record, and applicable statutes, regulations, and policies.
  
A review of your record shows that you entered active-duty service with the Navy in June 2006.  You were seen for knee pain multiple times during the next two months and were placed on light duty multiple times.  However, you were processed for administrative separation for fraudulent entry into the Navy after you revealed a preservice history of psychiatric treatment and a suicide attempt.  On 15 August 2006, you were discharged with an uncharacterized entry-level separation for fraudulent entry.  After your discharge, the Naval Discharge Review Board denied your request for a change to your narrative reason for separation and reentry code on 10 April 2013.
 
The Board carefully considered your arguments that your narrative reason for separation should be changed to disability.  You assert that you disclosed your preservice mental health history to your recruiter and continue to suffer from knee pain as a result of the injury suffered during basic training.  Unfortunately, however, the Board disagreed with your rationale for relief.  The Board found that the preponderance of the evidence supports the basis for your administrative separation for fraudulent entry.  Specifically, the Board examined your Report of Medical History dated 21 October 2005 in which you did not list any history of mental health symptoms. This form contains a warning that informs you that the information you provided constitutes an official statement that carries severe penalties for false statements, including administrative discharge.  Therefore, regardless of whether you informed your recruiter, the Board concluded that your failure to truthfully provide your medical history on this form constituted a legal basis to process you for administrative separation for fraudulent entry into the Navy.  Further, the Board determined that the evidence did not support a finding that you were unfit for continued naval service due to your knee condition.  Referral to a medical board is a medical provider function based on a medical determination that you were unable to perform the duties of your office, grade, rank, or rating due to a disability condition.  Despite the fact you were seen multiple times in June and July 2006, the Board found no evidence that any of your providers determined that your knee condition merited a referral to a medical board.  The medical evidence documented knee pain that was treated with Motrin and short periods of light duty interspersed with periods of recovery. In the Board’s opinion, this was an indication that your condition was not permanent and, therefore, did not meet the criteria for a medical board. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,