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

Docket No: 5345-19 
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 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 4 June 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.
 
You enlisted in the Navy and began a period of active duty on 28 May 2003.  On your pre­enlistment medical paperwork and physical, you denied any mental health history and any psychiatric abnormalities.  While at boot camp, on 12 June 2003, you were referred for a mental health evaluation because you made a suicidal statement to a peer and displayed serious motivational deficiencies.  During your evaluation, you revealed a history of pre-service depression, psychiatric hospitalization, and serious substance abuse.  Your civilian medical treatment records corroborated your self-report.  According to your civilian records, you were admitted in September 1997 to a hospital for mood liability and self-destructive impulses.  You were medicated with Prozac, and you participated in milieu groups, psychotherapy groups, and individual/family sessions.  You were diagnosed with major depressive disorder, recurrent, with a history of impulse disorder.  The Navy Medical Officer recommended your administrative separation due to a disqualifying psychiatric condition.
 
On 25 June 2003, administrative discharge action was initiated by reason of defective enlistment and induction due to fraudulent enlistment, and defective enlistment and induction due to erroneous enlistment.  The factual basis for fraudulent enlistment was the failure to disclose your pre-service drug use and psychiatric history prior to entry into the Navy, and the factual basis for erroneous enlistment was your major depressive disorder diagnosis.  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.  On 2 July 2003, 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 that 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) you currently have no psychiatric issues, (b) in the last 16 years since your discharge you have had a successful career, (c) you regret not finishing your dream to serve your country and finish out your Navy contract, (d) you made the mistake of listening to a recruiter who said you shouldn’t tell about your medical history, and (e) you have not had any mental health treatment since you were sixteen years old.  However, the Board concluded these factors and contentions were not sufficient to warrant changing your discharge characterization, narrative reason for separation, or granting any other relief.  The Board determined that you had an obligation to provide truthful information on your enlistment paperwork.  Had you properly and fully disclosed your depressive disorder and mental health history, 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 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,