Docket No: 0489-20  
Ref: Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) 10 U.S.C. §1552 

Encl: (1) DD Form 149 
      (2) Subject's naval record (excerpts) 

1. Pursuant to the reference, Petitioner, filed enclosure (1) with this Board requesting that her RE-4 reentry code be changed to a better code, the separation code “JDA” be changed, and the narrative reason for separation be changed to Erroneous Enlistment on her Certificate of Release of Discharge from Active Duty (DD Form 214).  Petitioner alleging misrepresentations by her recruiter that led her to enlist. 

2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 21 April 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 his naval records, 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.  Petitioner enlisted in the Navy and began a period of active service on 30 May 2000.  On 28 August 2000, Petitioner was diagnosed with Depressive Disorder, not Otherwise Specified. She was recommended for discharge due to fraudulent enlistment.  On 13 September 2000, her Commanding Officer notified her that she was being administratively separated from the Navy.  She elected not to consult with counsel or submit a written statement.  She was discharged on 20 September 2000 with an Uncharacterized Entry Level Separation, reentry code of RE-4 and narrative reason for separation of Fraudulent Entry into the Military Service (other).  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  The Board's decision is based on Petitioner’s contention that misrepresentations were made to her during recruitment.  

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 

Petitioner’s naval record be corrected to show that she was administratively separated on 20 September 2000 with a narrative reason for separation -Erroneous Enlistment, an “RE-3E” reentry code and “JFC” separation code. 

Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. 

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 21 January 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 Regulations, 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.