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 
      (b)  USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of             Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 
 
Encl: (1) DD Form 149 with attachments 
      (2) Case summary 
  
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) requesting a change to his reentry code following his entry level separation for fraudulent enlistment.  Enclosures (1) and (2) apply.   
 
2.  The Board for Correction of Naval Records (Board), consisting of    ,     and , reviewed Petitioner's allegations of error and injustice on 11 September 2020, 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 his naval service and medical records, and applicable statutes, regulations, 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. Regarding Petitioner’s request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered his case based on the evidence of record.  
 
c. The Petitioner enlisted in the Navy and began a period of active service on 1 June 2017.  On the Petitioner’s pre-enlistment medical history he denied ever attempting suicide, or having any psychiatric or neurologic abnormalities or symptoms.   
 
d. On 14 June 2017, the Petitioner was evaluated at the Recruit Evaluation Unit (REU) by a credentialed mental health provider while still at initial recruit training.  The Petitioner was diagnosed with:  (1) unspecified personality disorder, (2) major depressive disorder, recurrent, severe; and (3) personal history of self-harm (existed prior to entry).  The REU Medical Officer recommended an entry level separation because of Petitioner’s disqualifying psychiatric condition or behaviors affecting his potential for performance of expected duties and responsibilities while on active duty.  
 
e. On 26 June 2017, the Petitioner was notified that he was being processed for an administrative discharge by reason of defective enlistment and induction due to fraudulent entry into naval service as evidenced by deliberate material misrepresentation, omission, or concealment of a condition or circumstances that existed prior to entry into the naval service.      
 
f. Petitioner elected to waive his rights to consult with counsel, to submit statements, and to General Court-Martial Convening Authority review of his discharge.  Ultimately, on 10 July 2017 the Petitioner was discharged from the Navy with an Uncharacterized (Entry Level Separation) (ELS) separation and assigned an “RE-4” reentry code.  The Board observed on Petitioner’s DD Form 214 that the narrative reason for separation was “Fraudulent Entry,” his separation authority was “MILPERSMAN 1910-134,” and his separation code was “JDA,” all of which correspond to and describe an administrative separation case involving fraudulent entry.   
 
g. Petitioner, who is also a Navy dependent, provided his pre-enlistment Navy dependent medical record with treatment records dating back to 2006.  The Board observed that nowhere in the entire medical record are there any pre-service diagnoses and/or treatment history for psychologic or neurologic conditions or symptoms.  The Board noted that the only mental health treatment records in his entire medical file are from his time at initial recruit training starting with his REU examination on 14 June 2017. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  Additionally, the Board reviewed his application under the guidance provided in reference (b).  Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. 
 
The intent of the Under Secretary of Defense Memorandum (reference (b)), is to simplify the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The memorandum noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  The memorandum sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. 
 
In this regard, the Board felt that there is an injustice to label one’s discharge as being for a fraudulent enlistment when Petitioner’s comprehensive medical history suggests otherwise.  With that being determined, the Board concluded that no useful purpose is served by continuing to label the Petitioner’s discharge as being for a fraudulent enlistment, and certain remedial administrative changes are warranted to the DD Form 214.   
 
RECOMMENDATION: 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action to his DD Form 214. 
 
That Petitioner’s separation authority be changed to “MILPERSMAN 1910-164,” the separation code be changed to “JFF,” the narrative reason for separation should be changed to “Secretarial Authority,” and the reentry code be changed to “RE-1.”       
 
That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty. 
 
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 by the Board on 11 July 2019.   
 
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 Regulations, 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.