Docket No: Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (NR2019000681) (2) Case summary 1. Pursuant to the provisions of references (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting a change to his naval record, specifically, to correct the record to change to his narrative reason for separation of “Fraudulent Entry” and to change his separation code. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of her naval service records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Although the application was not filed in a timely manner, the Board found it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty During Basic Training, the issue of shellfish allergies was discussed during a briefing. Petitioner subsequently reported his concern that he may have a shellfish allergy to a corpsman. Petitioner was asked if he wanted to be tested for the allergy, and Petitioner elected to be tested. d. Petitioner was tested on at Naval Hospital and found to be allergic to shellfish. Petitioner’s records indicate that he was motivated to continue a Navy career and requested a waiver for the condition. A waiver was not recommended, and Petitioner was processed for separation. e. Petitioner’s full administrative separation package is not reflected in his available record. His Certificate of Release or Discharge from Active Duty (DD Form 214) states that he was discharged from the Navy on on the basis of Fraudulent Entry, and received a separation code of “JDA” and a reentry (RE) code of RE-8. f. Petitioner seeks a change to his narrative separation reason and his separation code. He contends that he was not aware of his shellfish allergy and that he disclosed his concerns in good faith. Petitioner states that he did not fraudulently withhold information during the enlistment process and that the separation code and narrative reason for separation are erroneous. Petitioner also notes that information entered in his medical records during Recruit Training is not accurate and not annotated in the correct context. In addition to providing witness statements and medical records in support of his application, Petitioner submitted a letter from his mother, a retired TSgt/E-6, who noted that to the best of her knowledge Petitioner was not aware of his shellfish allergy prior to enlistment. CONCLUSION: The Board reviewed Petitioner’s application for correction and reviewed the information in his record. The Board concluded that Petitioner provided sufficient information to support a change to his separation reason of Fraudulent Entry and to correct his separation code. The Board reviewed the medical records and Petitioner’s assertions, and noted the letter of support from his mother that provided factual context for Petitioner’s contentions. The Board determined that Petitioner was unjustly assigned a separation reason of Fraudulent Entry and the separation code. In this regard, the Board found that Petitioner is entitled to full relief and that his narrative reason for separation should be changed to “Secretarial Authority” and that his separation code should be changed to “JFF.” In view of the above, the Board directs the following corrective action: RECOMMENDATION: That Petitioner be issued a new DD Form 214 which reflects a separation authority of “Secretarial Authority” and a separation code of “JFF.” That no further changes be made to the record. That a copy of this report of proceedings be filed in Petitioner’s naval record. That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.