Docket No: 5332-19 
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.     
 
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 4 September 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, policies.   
 
You enlisted in the Navy on 17 November 2004.  On 29 November 2004, you were diagnosed with combined type attention-deficit/hyperactivity disorder (ADHD) and personality disorder with antisocial and oppositional features.  Subsequently, you were notified of pending administrative separation action by reason of defective enlistment and inductions due to fraudulent enlistment and erroneous enlistment.  You waived your procedural rights except to obtain copies of the documents that were being forwarded to the Separation Authority.  Your commanding officer recommended an uncharacterized (UNCHAR) entry level separation (ELS) by reason of defective enlistment due to erroneous enlistment and fraudulent entry.  The discharge authority approved the recommendation for discharge and directed your discharge with an UNCHAR ELS by reason of fraudulent entry into military service.  You were discharged with an UNCHAR ELS on 16 December 2004.   
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were misdiagnosed with a personality disorder and that you “didn’t lie to the Navy even though I am being accused of it.”  The Board also considered an undated letter from a psychologist who met with you for two sessions and reviewed the documents you submitted to him.  The Board considered the letter’s statement that there is “absolutely NOTHING” in your “background of life lived thus far that even remotely points to a personality disorder or an anti-social personality,” and the psychiatrist’s refuting of the diagnosis “given by the Navy as utterly without merit.”  The Board noted that by regulation, a fraudulent entry occurs when there is deliberate material misrepresentation, including the omission or concealment of facts.  The Board noted that on 29 November 2004, you disclosed, for the first time, that you had been diagnosed with ADHD and prescribed medication at the age of 12.  Further, you reported in your psychiatric assessment that you had a history of anger problems and that you had, in the year prior to entry, received anger management treatment, two times a week, from a psychiatrist.  You further reported that seven months prior to entry, you had a psychological evaluation for ADHD and “met criteria” but refused medication.  The Board further noted you had an obligation to truthfully disclose your medical history prior to enlistment.  Although the psychologist recommended ELS due to both ADHD and personality disorder, the command recommended discharge based on the fraudulent enlistment, your failure to disclose your medical history of ADHD and psychiatric treatment for anger management, and not your diagnosis of personality disorder.  Unfortunately, after careful consideration of your contentions, the Board concluded relief was not warranted in your case because your narrative reason for separation accurately reflects the circumstances of your ELS because you did not disclose your pre-service diagnosis.      
 
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,