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

Docket No: 1684-20 
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 you did not file your application in a timely manner, the statute of limitations was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 24 May 2021. The names and votes of the panel members 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, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 8 March 2021, and which were previously provided to you, and an AO provided by the Navy Department Board of Decorations and Medals dated 3 April 2020, which is enclosed. 

You enlisted in the Navy and began a period of active duty on 18 February 1987. On 20 May 1987, medical personnel diagnosed you with a Bipolar Disorder Mania, which existed prior to entry. On 21 May 1987, a medical board confirmed your diagnosis. You were subsequently notified of administrative discharge action by reason of defective enlistment and induction due to erroneous enlistment as evidenced by your diagnosis. At that time, you did not object to the separation. On 27 March 1987, your commanding officer concurred with the Medical Board’s findings and authorized your uncharacterized entry-level separation (ELS) from the Navy. On 28 May 1987, you received an uncharacterized ELS due to erroneous entry into the Navy. 

A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service. The AO noted that the preponderance of objective evidence established that your primary mental health condition was diagnosed as Bipolar Disorder at the time of your military service, a condition that existed prior to your service, and was not exacerbated by your service. Given your failure to disclose this history, the AO concluded that the discharge reason for separation of erroneous enlistment and subsequent ELS characterization of service appear appropriate. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your assertion that you did not receive any service medals or Good Conduct Medal you believe you should have received, that you served honorably, your boot camp company had won every flag and award possible for recruit training, and you graduated with honor and distinction. Additionally, you contend that you did have a pre-existing medical condition at the time of your enlistment, but were fine, and during your military service, an incident occurred resulting in your hospitalization and discharge. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief given your medical diagnosis, which existed prior to your active duty service. Additionally, the Board concurred with the AO in the preponderance of objective evidence established that your primary mental health condition was diagnosed as Bipolar Disorder at the time of your military service, a condition that existed prior to your service, and it was not exacerbated by your service. Further, the Board noted that you were notified of your separation process within 180 days of the beginning of your period of active service. Navy regulations authorize an uncharacterized ELS if the processing of a Sailor separation begins within 180 days a Sailors entry on active duty. 

With regard to your request for the Navy Good Conduct Medal and other awards, the Navy Department of Decorations and Medals provided the Board with an AO stating there is no evidence indicating you would have qualified for any other military medal or ribbon. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 

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, 
5/27/2021 

Enclosure 
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