Docket No. 8529-19
Ref: Signature Date

MS 
  
Dear Ms.  
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 11 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, and policies. 
 
Regarding your 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 your case based on the evidence of record. 
 
You enlisted in the Navy on 31 July 2001.  On your pre-enlistment medical paperwork and physical, you denied attempting suicide and denied any mental health history, psychiatric abnormalities, and/or any related symptoms.  However, following your initial recruit training you revealed receiving mental health treatment starting in 2000 for depression, anxiety, and insomnia.     
  
Unfortunately, the administrative separation documents are not in your record.  However, the Board relies on a presumption of regularity to support the official actions of public officers.  Accordingly, given the narrative reason for separation and corresponding separation code as stated on your DD Form 214, the Board presumed that you were properly processed and discharged from the Navy by reason of defective enlistment and induction due to fraudulent enlistment after waiving your right to an administrative separation board.  The factual basis for your fraudulent enlistment would have been your failure to disclose your disqualifying psychiatric history prior to entry into the Navy.  During your 13 February 2002 separation physical, on your medical history you checked “yes” to:  epilepsy or seizures, frequent trouble sleeping, attempted suicide, depression/excessive worry, and receiving mental health treatment.  Ultimately, on 21 February 2002 you were discharged from the Navy with a general (under honorable conditions) (GEN) characterization of service for fraudulent enlistment and assigned a corresponding fraudulent entry separation code and RE-4 reentry code.  In this regard, you were assigned the appropriate characterization, separation code, and reentry code based on your factual situation. 
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to that:  (a) you and your parents explained to the recruiter your medical history but the recruiter chose not to include that in your file, (b) you truthfully enlisted with current information, and (c) you are applying for the Post 9/11 GI Bill benefits.  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.  On your pre-enlistment medical history, you personally signed the form certifying that the medical information was true and complete to the best of your knowledge and belief.  However, this information was not accurate as your mental health history and treatment were omitted.  The Board determined that you had a legal, moral and ethical obligation to remain truthful on your enlistment paperwork, and that had you properly and fully disclosed your mental health history, you would have been disqualified from enlisting.  Absent a material error or injustice, the Board generally will not summarily upgrade a discharge solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  In the end, the Board concluded that you received the correct discharge type, characterization, narrative reason, and re-entry 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 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,