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.   
 
A three-member panel of the Board, sitting in executive session, considered your application on 2 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.  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 on 17 June 2019.  On your pre-enlistment medical paperwork and physical, you denied any mental health history and any psychiatric abnormalities and/or symptoms.  While at boot camp, on 26 July 2019 you self-referred to the Recruit Evaluation Unit (REU) for a mental health evaluation due to your complaints of feeling increasingly anxious and depressed with thoughts of harming and killing yourself and seeing images.  During your REU evaluation, you revealed an undisclosed history of similar episodes since childhood, being treated at an inpatient hospital for six-days at age fifteen, and that you cut your arms with knives at age sixteen.  The REU Clinical Psychologist diagnosed you with unspecified bipolar and related disorder EPTS (existing prior to service), suicidal ideation EPTS, and personal history of self-harm EPTS.  The REU Clinical Psychologist recommended your administrative separation due to disqualifying psychiatric conditions affecting your potential for the performance of expected duties and responsibilities on active duty.   

On 1 August 2019, administrative discharge action was initiated by reason of defective enlistment and induction due to fraudulent enlistment.  The factual basis for fraudulent enlistment was the failure to disclose your pre-service psychiatric history prior to entry into the Navy.  You elected not to consult with counsel or submit a written rebuttal statement for consideration by the separation authority, and you waived your right to General Court-Martial Convening Authority review of your discharge.  Ultimately, on 12 August 2019, you were discharged from the Navy with an uncharacterized entry level separation (ELS), and assigned a separation code of “JDA” and an “RE-4” reentry code.  The “JDA” separation code corresponds to:  “fraudulent entry,” and is the appropriate designation in fraudulent enlistment cases involving a pre-existing medical condition or mental health history such as yours, which would be disqualifying for active duty service.  In this regard, you were assigned the correct characterization, separation code, and reentry code based on your factual situation as you were still within your first 180 days of continuous military service and had not yet completed boot camp.   
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to:  (a) there is false information in your records, (b) you were shut off during your REU interview and confused as to how the doctor came up with his diagnosis, (c) it is impossible to diagnose someone after speaking with them for 5-10 minutes, (d) you would like another chance at joining the military and would plan on giving over twenty years of great service, (e) mental health is not a condition you have ever struggled with, and (f) your RE-code is false and you are willing to do whatever it takes to prove that you have no mental health issues and are fit for full duty.  However, the Board concluded these factors and contentions were not sufficient to warrant changing your reentry code, narrative reason for separation, or granting any other relief.  The Board observed on the REU evaluation that you revealed an undisclosed history of anxiety, depression with thoughts of self-harm, receiving inpatient mental health treatment for six days, and that you cut your arms with knives at age sixteen.  Had you properly and fully disclosed your mental health history prior to enlisting, you would have been disqualified from enlisting.  In the end, the Board concluded that you received the correct discharge type, characterization, narrative reason, and reentry code based on the totality of your circumstances, and that such action was in accordance with all Department of the Navy directives and policy at the time of your discharge.   
 
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,