DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7756-19 Ref: Signature Date Dear Mr. 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. Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy on 1 July 2015. On 6 July 2015, you were presented to the Recruit Evaluation Unit as a medical referral after reporting symptoms of depression, to include suicide ideation and thoughts of wanting to harm yourself. You were diagnosed with an unspecified depressive disorder that existed prior to service and an unspecified personality disorder with cluster B traits that existed prior to service. Subsequently, you were notified of pending administrative separation action by reason of defective enlistment – erroneous enlistment as evidenced by a physical or mental condition that existed prior to entry. After you waived your procedural rights, your commanding officer recommended an uncharacterized (UNCHAR) Entry Level Separation (ELS) by reason of defective enlistments – erroneous enlistment. The discharge authority directed discharge with an UNCHAR ELS by reason of defective enlistment – erroneous enlistment as evidenced by a physical or mental condition that existed prior to entry. You were discharged with an UNCHAR ELS on 22 July 2015 and assigned a RE-3E (inducted, enlisted, extended or reenlisted in error) reentry code. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were “lured” into a response that led to your diagnosis of depression. Specifically, the Board considered your contention that you were “asked about a friend that had died in a car accident” and when being questioned, you were asked if you were “sad for more than two weeks,” to which you responded “yes.” You further contend your “yes” resulted in you being categorized as depressed and led to your entry being labeled as erroneous. The Board noted you did not provide any documentation to support your contention that you did not have a mental condition that existed prior to entry but were instead “lured into” a response that categorized you as having a depressive disorder prior to entry. Unfortunately, after careful consideration of your contentions, the Board concluded relief was not warranted in your case because your RE-3E reentry code is the authorized and appropriate code when an individual is enlisted in error. In the end, the Board concluded you received the correct reentry code. 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, 11/16/2020 Executive Director