Docket No. 6045-20
Ref: Signature Date


Dear ,  
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.   
 
A three-member panel of the Board, sitting in executive session, considered your application on    29 October 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.   
 
The Board carefully considered your arguments that you deserve a disability discharge in order to enjoy a better quality of life.  You provided evidence of post-discharge diagnosis and treatment for Bipolar Disorder with related symptoms of anxiety and depression.  Your record shows hospitalizations for your mental health conditions including suicidal ideations.  Unfortunately, the Board determined the evidence does not support relief.   
 
Your military record shows you entered active duty with the Navy in May 1987 after signing a drug and alcohol screening certificate denying any illegal drug use.  After testing positive on your induction urinalysis for cocaine, you were discharged on 1 July 1987 for fraudulent entry based on your assertion of no prior drug use.   In your brief period of active duty, the Board found no evidence of treatment for any mental health conditions to qualify you for a disability discharge.  Further, the Board concluded that it would be inappropriate to allow you access to military disability benefits when you used fraudulent means to enter the Navy.  As a result, the Board concluded that your fraudulent entry discharge was supported by the evidence and no injustice exists in your record to merit a change to your narrative reason for separation.  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 reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,