Docket No. 9133-19
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 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 18 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. 
 
You enlisted in the Navy on 29 September 1999.  On your pre-enlistment medical paperwork and physical, you noted that you received mental health treatment at age 15 for depression caused by insomnia and being prescribed Depakote.  While at boot camp, on 12 November 1999 the Medical Department referred you to the Recruit Evaluation Unit (REU) for a mental health evaluation.  During your examination, you mentioned your mental health treatment at age 15, but you also revealed being prescribed Risperdal after an inpatient hospitalization, as well as being prescribed the antipsychotic drug Zyprexa for an auditory hallucination in 1997.  The REU Medical Officer diagnosed you with:  (a) an occupational problem, and (b) a schizotypal personality disorder existing prior to entry (EPTE).  The REU Medical Officer determined that you have the following symptoms of schizotypal personality disorder:  (a) unusual perceptual experiences, including bodily illusions, (b) odd thinking and speech, (c) suspiciousness or paranoid ideation, (e) behavior that is odd, eccentric, or peculiar, and (f) inappropriate or constricted affect.  The REU Medical Officer recommended your administrative entry level separation (ELS) because of a disqualifying psychiatric condition(s) that rendered you no longer suitable for continued training given your diagnoses.  The REU Medical Officer determined that you pose a risk to others if retained.   
 
On 17 November 1999, administrative discharge action was initiated by reason of defective enlistment and induction due to erroneous enlistment.  The factual basis for the erroneous enlistment was your schizotypal personality disorder diagnosis that existed pre-service.  You elected to consult with counsel, submit a written rebuttal statement for consideration by the separation authority, and your right to General Court-Martial Convening Authority review of your discharge.  Ultimately, on 31 January 2000 you were discharged from the Navy with an uncharacterized entry level separation, and assigned a separation code of “JFC” and an “RE-4” reentry code.  The “JFC” separation code corresponds to the narrative reason for separation of “erroneous entry,” and is the appropriate designation in erroneous enlistment cases involving a pre-existing medical condition or mental health history such as yours 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 initial recruit training.   
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that you are highly motivated and dedicated to serving your country and that you are trying to enter the Army and are unable to do so with your current discharge rating.  However, the Board concluded these factors and contentions were not sufficient to warrant changing your discharge characterization, narrative reason for separation, reentry code, or granting any other relief.   
 
The Board determined that you had a legal, moral and ethical obligation to remain truthful on your enlistment paperwork.  Had you properly and fully disclosed your entire mental health history, you would have likely been disqualified from enlisting.  The Board concluded that your intentional failure to disclose this information could also have formed the basis of a fraudulent enlistment charge prior to your administrative separation.  Additionally, absent a material error or injustice, the Board generally will not summarily upgrade a discharge or change a reentry code solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  Accordingly, 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 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,