DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2886-21 


Dear  : 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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  26 May 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 

The Board determined that your personal appearance, with or without counsel, would 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 and began a period of active service on 22 July 2020.  On 11 September 2020 you underwent a psychological evaluation which noted, in part, that you reported an incident of self-harming (punching a stair in a ladder well).  The evaluation also noted your difficulty in adjusting to recruit training.  Subsequently, you were diagnosed with depression and anxiety.  As a result of the foregoing, on 21 September 2020, you were notified of the initiation of administrative separation proceedings by reason of defective enlistments and inductions.  On the same day, you waived your right to consult with counsel.  On 24 September 2020, your commanding officer forwarded your package to the separation authority, recommending your discharge from naval service.  The recommendation was approved, and you were discharged on 2 October 2020 with an uncharacterized characterization of service by reason of erroneous entry and issued an RE-4 reentry code.  

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire change your reenlistment code to allow reentry into military service.  You contend you did not attempt to harm yourself and you did not have a mental condition prior to your enlistment.  The Board reviewed all evidence you provided with your application, to include your detailed statement describing the events leading to your enlistment and discharge from the Navy.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board noted you were evaluated by a licensed clinical psychologist and recommended for administrative separation proceedings as a result of that evaluation.  Please note that the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board further noted that other than your statements, you failed to provide sufficient evidence to support your contentions.  The Board found no error or injustice in your record, and determined based on the record, you were issued the appropriate reentry code.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  

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, 
6/7/2021

Executive Director