Docket No: 10111-19 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. The Board determined that your personal appearance, with or without counsel, would 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. A three-member panel of the Board, sitting in executive session, considered your application on 8 February 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 19 December 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 10 January 2018. Prior to enlisting, you enrolled in the United States Naval Academy (USNA) in July 2009. However, in July 2010, you were hospitalized at Naval Hospital for three days following an incident of self-harm. You were diagnosed with Depression, Anxiety, Insomnia, and an Eating Disorder. You returned to the USNA to resume your studies, but were discharged from the USNA in May 2013, for unsatisfactory conduct (lying about your height to keep your weight within acceptable standards). At the time of your discharge from the USNA, you were under treatment for Adjustment Disorder, which included antidepressant medication. Sometime after separation, you received a bill for $200,000 dollars for your USNA education and were given the choice of paying the bill or enlisting. You chose to enlist. After enlisting, on 18 January 2018, a Recruit Evaluation Unit recommended you for administrative separation. At that time, you were diagnosed with an Unspecified Anxiety Disorder that existed prior to your service (EPTS), Other Specified Feeding or Eating Disorder (EPTS), and a Personal History of Self-harm (EPTS). On 26 January 2018, you were notified of administrative discharge action by reason of defective enlistment and inductions-Fraudulent Entry into the Naval Service as evidenced by deliberate material misrepresentation, omission, or concealment of a condition or circumstances that existed prior to entry into the naval service. Thereafter, on 30 January 2018, you submitted a personal statement regarding your training at the USNA, in which you stated that you endured verbal abuse. While in company spaces, you attempted to cut your left wrist with a pair of scissors. You did not draw blood, but your roommate caught you and informed your detailer. You also stated that you never deceived the Navy knowingly and that you believed your lapse in memory could be explained by an accident, which occurred in 2014, when your father beat you in the head and choked you after he had an argument with your mother. You stated that you left the next day and never received treatment for your injuries, and that the scars from the attack were, noted in your files at the Military Entrance Processing Station (MEPS). On 3 February 2018, it was directed that you be separated with an uncharacterized entry-level separation (ELS), and that you be assigned an RE-4 (ineligible for reenlistment) reentry code. On 13 February 2018, you were discharged from the Navy with and uncharacterized ELS separation due to fraudulent enlistment, and assigned a RE-4 reentry code. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017. A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service. The AO noted that based on the available objective evidence, it was opined that your request for a change of your reentry code was not justified as the RE-4 status was given, in great part, due to your “lack of candor.” Additionally, your psychiatric history reflects mental health conditions that are chronic in nature and typically disqualifying for military service, whether they are in active treatment or not. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your statement that you had not used depression medication for five years prior to enlisting, and two years after your discharge from the Navy. Based upon this review, the Board concluded these potentially mitigating factors and assertions were insufficient to warrant relief. Specifically, the Board concurred with the AO statement that your psychiatric history reflects mental health conditions that are chronic in nature and typically disqualifying for military service, whether they are in active treatment or not. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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. Sincerely,