Docket No: 4733-19 
Date: Ref Signature 


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 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 1 July 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose.  In your case, 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 service on 2 August 2016.  On 16 August 2016, during a psychiatric evaluation you disclosed your history of self-harming.  You were diagnosed with unspecified depressive disorder-existing prior to you enlistment (EPTE).  On 19 August 2016, you were notified of the initiation of administrative separation processing for defective enlistment and induction due to fraudulent enlistment as evidenced by you past medical history, at which point you waived counsel.  On 22 August 2016, your commanding officer recommended your discharge for defective enlistment and inductions due to your fraudulent entry into the Naval service.  On 30 August 2016, you were discharge with an uncharacterized characterization of service for fraudulent entry. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to change your reentry code and your contention that no fraudulent entry is reflected in your service record.  The Board noted that your contention is contrary to your naval record.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
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.