DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 948-18 Ref: Signature Date This letter 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 8 May 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, as well as applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 28 January 2002. On 28 February 2002, a psychologist at the recruit training command evaluated and diagnosed you with oppositional defiant disorder, attention deficit/hyperactive disorder, and depressive disorder. Subsequently, on 4 March 2002, you were notified of pending administrative separation action by reason of defective enlistment and induction due to erroneous enlistment as evidenced by the diagnosed oppositional defiant disorder, attention deficit/hyperactive disorder and depressive disorder, at which time you waived your right to consult with legal counsel. The separation authority directed discharge with an uncharacterized entry level separation by reason of erroneous entry. On 8 March 2002, you received an uncharacterized discharge. The Board carefully weighed all potentially mitigating factors, such as your contention that your discharge says you erroneously enlisted because you did not have a high school diploma or general education development (GED) certificate. The Board noted you were discharged not for lack of a GED or diploma, but due to the diagnosis of a psychological disorder that did not meet the minimum standards for enlistment or induction upon entry into the Navy. Upon enlistment, a sailor qualifies for entry-level separation during the first 180 days of continuous active military service. For the purpose of characterization of service or description of separation, the sailor’s status is determined by the date of notification as to the initiation of separation proceedings, which in your case was within 180 days of entry. For this reason, the Board, in its review, discerned no material error or injustice in your discharge or assignment of your character of service. 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. 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, 7/18/2019