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

Docket No: 6664-20 
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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 7 June 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, including the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). 

You enlisted in the Navy on 17 August 2005. On 1 September 2005, you were notified that you were being processed for administrative separation and your rights in connection therewith. On 6 September 2005, your commanding officer submitted a report of your administrative separation, in which he explained that you “failed to disclose previous psychiatric treatment or counseling and preservice drug use prior to entry into the naval service.” Your commanding officer further explained that, your psychiatric conditions affected your potential for performance of expected duties and responsibilities while on active duty and pose a risk if you were retained in the naval service. On 13 September 2005, you were discharged due to fraudulent enlistment. In 2008, you submitted an application to the Naval Discharge Review Board (NDRB), contending that your recruiter misled you by telling you not to disclose your prior history. On 24 April 2008, the NDRB denied your application on the basis that you did not provide evidence to support this assertion. In its decision, the NDRB explained to you that, by regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a service member's performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member's service.
 
The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. You contend that you were misinformed of the need to disclose your past records from your recruiting officer. You state that you told your recruiter about the charges from your juvenile history and the recruiter told you not to disclose it because it was when you were underage. The Board also considered the 28 July 2020 letter you provided from a medical professional, who disagreed with the conclusions of the military physician that examined you in connection with your discharge. 

In review of all of your materials, the Board did not find an injustice in your record warranting relief. The Board concurred with the finding and rationale of the NDRB in noting that at the time of your discharge you had served less than 180 days, and that an entry level separation was warranted. The Board concluded the potentially mitigating factors that you raised, including the correspondence from your physician, were insufficient to warrant relief. 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 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 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, 
6/11/2021 

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