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

Docket No: 4524-19               
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 that 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 27 November 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. 

You enlisted in the Navy and began a period of active duty on 5 November 2001.  As part of your enlistment paperwork, on 25 July 2001, you stated that you there was nothing that “would preclude you from performing military duties or participating in military activities whenever necessary.” On 6 November 2001, you admitted to suicidal ideations and prior psychiatric inpatient care with medications at age 15.  You were diagnosed with oppositional defiant disorder.  Subsequently, administrative action was initiated to separate you from the naval service due to defective enlistment and induction due to erroneous enlistment as evidenced by your pre-service oppositional defiant disorder.  On 14 November 2001, you waived your right to consult with legal counsel or submit a statement on your own behalf.  On 15 November 2001, the separation authority approved your administrative separation with an Entry-Level Separation (ELS) with an uncharacterized characterization of service.  On 20 November 2001, you were so discharged.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions your recruiter specifically requested that you omit past medical history information on the application.  The Board also considered that, on the second day of basic training, you came forward and disclosed the omitted information and you were honest about the past medical history.  Finally, the Board considered your assertions that you were denied multiple jobs due to a military discharge stating “(Uncharacterized) Entry Level Separation” and you were deliberately misled by a recruiter.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your condition and brief military service. You failed to submit any evidence to support your contentions regarding your recruitment.  Absent such evidence, the Board relied upon the presumption of regularity that attaches to all official records, and presumed that the officials acted in accordance with governing law and policy, and in good faith.  The Board also noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization 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 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, 


1/5/2020