DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5062-18 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 September 2019. 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. A review of your record shows that you entered active duty with the Navy in October 2017. After completing basic training, you revealed a preexisting peanut allergy on 22 November 2017 during a physical for nuclear training. After a request for a medical waiver was denied, you were recommended for entry level separation. You were notified of administrative separation processing for fraudulent enlistment on 2 February 2018 and acknowledged your rights. You were discharged on 21 February 2018 for fraudulent entry with an uncharacterized entry level separation. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to “medical.” You assert that you disclosed your peanut allergy to your recruiter prior to your enlistment and the Navy after you entered active duty. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded you were properly discharged for fraudulent entry based on your “Report of Medical History” form that you completed on 2 May 2017. On this form, you checked “no” when asked whether you had an adverse reaction to “serum, food, insect stings or medicine” in contradiction to your existing peanut allergy. In the Board’s opinion, you withheld medical history information of a disqualifying condition for enlistment when you completed this form and were able to gain entry into the Navy. Based on your intentional failure to disclose your peanut allergy prior to your enlistment, the Board concluded you entered the Navy fraudulently. While the Board considered that you later disclosed your allergy condition after you commenced active duty, they felt the Navy’s decision to administratively separate you for fraudulent entry was supported by the preponderance of the evidence and reasonable based on your failure to disclose the allergy prior to enlistment. Regarding your assertion that you informed your recruiter of your allergy, the Board found no evidence to substantiate your claim. 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 case are such that favorable action cannot be taken. 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.