Docket No: 2529-20 
Ref:   Signature Date  
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
  
Subj:   REVIEW OF NAVAL RECORD OF ,            , USN 
 
Ref:    10 U.S.C. §1552   
 
Encl:  (1) DD Form 149 (NR20200002529) 
       (2) Case summary 
 
1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from “Fraudulent Entry into Military Service (Other)” to either “Medical” or “Hardship.”  Enclosures (1) and (2) apply. 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 27 July 2020, and pursuant to its regulations determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval service records, and applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows:   
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits.   
 
     c.  Petitioner enlisted in the Navy and started a period of active duty on 2 March 1998.  On 27 August 1998, a psychological evaluation conducted onboard the USS  diagnosed Petitioner with Attention Deficit/Hyperactivity Disorder (ADHD) and Explosive Personality Disorder (EPD).  The Senior Medical Officer found that Petitioner’s impulse control problems had already been manifest, that his enlistment was fraudulent, and that he would have been disqualified from enlistment if he had been forthcoming about his condition.  He further noted that Petitioner stated that he informed his recruiter that he was on Ritalin, but the recruiter advised him “not [to] tell anyone.”  The Senior Medical Officer recommended that Petitioner be administratively separated for the convenience of the government. 
 
     d.  On 8 September 1998, Commanding Officer,  recommended that Petitioner be administratively separated for a defective enlistment based upon fraudulent entry into the naval service, as evidenced by his false statement on his Report of Medical History (Block 16, Standard Form 93) asserting that he had never been treated for a mental condition.  The Commanding Officer also recommended that Petitioner be administratively separated for the convenience of the government based upon a personality disorder, as evidenced by the above referenced psychological evaluation diagnosing Petitioner with ADHD and EPD. 
 
     e.  Petitioner was discharged from the Navy on 9 September 1998.  His DD Form 214 reflects the reason for his separation as “Fraudulent Entry into Military Service (Other),” his character of service as “General (Under Honorable Conditions),” and his reentry code as RE-4. 
 
     f.  The Board noted that Petitioner was asked in a letter dated 19 March 2020 to provide information regarding additional medical or clinical evidence in support of his claim.  Petitioner elected not provide additional information, and his request was submitted to the Board for consideration.     
    
CONCLUSION: 
 
The Board noted that the 27 August 1998 memorandum from the Senior Medical Officer indicates that Petitioner informed his recruiter prior to his enlistment enlisting, Petitioner informed his recruiter that he was prescribed Ritalin.  The Board determined this admission to the recruiter mitigated Petitioner’s failure to disclose his pre-service mental health treatment and warranted a change to his narrative reason for separation reason to remove the reference to “Fraudulent Entry.”  The Board found that Petitioner’s circumstance of service and his diagnosis of Personality Disorder did not entitle him to a Medical discharge pursuant to SECNAVINST 1850.4 series.  Furthermore, the Board determined that his pre-service mental health condition and in-service diagnosis did not merit a Hardship discharge.  Nonetheless, the Board concluded Petitioner’s narrative reason for separation should be change to “Secretarial Authority” to correct an injustice since Petitioner appears to have disclosed his pre-enlistment medical condition to his recruiter.  Therefore the Board determined that Petitioner’s narrative reason for separation should be changed to “Secretarial Authority,” and that no further corrective action should be taken. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
That Petitioner be issued a new DD Form 214 reflecting the reason for his separation as “Secretarial Authority.” 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 17 March 2020. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.