DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 6943-07
12 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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Subj: REVIEW OF NAVAL RECORD OF FORMER
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting to change the reason for separation "Fraudulent
Entry Into Military Service" and RE-4 reenlistment code that
was issued on 9 July 2007.
2. The Board, consisting of Mr. Se 0. SI. and
Mr. QQ, reviewed Petitioner's allegations of error and
injustice on 7 May 2008, 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,
naval records, and applicable statutes, regulations and
policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice
Einds 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. Petitioner’s application was filed ina timely manner.
c. On 16 February 2007, Petitioner completed enlistment
processing documents that included a security clearance form,
physical examination, and psychiatric evaluation. A history of
counseling on the security clearance form was not noted.
However, her history of counseling was documented during her
physical examination, which resulted in the psychiatric
evaluation that concluded that her prognosis was good. In
addition, on 20 February 2007, she provided a letter from her
civilian counseling service to the military enlistment
processing station, which verified that she did receive
counseling for depression as a teenager due to estrangement
from her father.
d. On 30 May 2007, Petitioner enlisted in the Navy at age
18. On 19 June 2007, she received a psychiatric evaluation
after two incidents of enuresis. The evaluation noted that she
enlistment, diagnosed her as having a depressive disorder, and
recommended an entry level separation.
e. On 27 June 2007, Petitioner's commanding officer
initiated an entry level separation by reason of erroneous
enlistment and fraudulent entry. In connection with this
processing, she acknowledged the separation action. On
2 July 2007, the separation authority approved the separation
recommendation and directed an entry level separation by reason
of fraudulent entry. On 9 July 2007, she was so discharged and
assigned an RE-4 reenlistment code.
f. Petitioner states that the reason for discharge is
incorrect because she disclosed her mental health history
during the enlistment processing. With her application, she
provided a copy of her enlistment physical examination and
subsequent psychiatric evaluation that documented her history
of counseling that was completed on the same date as her
security questionnaire. She also provided a copy of a letter
from her civilian counselor that was provided to the military
enlistment processing station before her enlistment was
finalized.
g. Regulations authorize discharge of members by reason of
fraudulent entry for effecting a fraudulent enlistment by
falsely representing or deliberately concealing any
disqualifications. Regulations direct assignment of an RE-4
reenlistment code for such cases.
h. Regulations authorize discharge of members by reason of
erroneous enlistment who are found to have a disqualifying
factor after enlistment. Regulations authorize assignment of
an RE-3E reenlistment code for such cases.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request warrants relief.
Specifically, the Board finds that Petitioner disclosed her
history of counseling during the enlistment processing as
evidenced by her physical examination and subsequent
psychiatric evaluation that was completed at the military
enlistment processing station. In addition, a letter from her
Civilian counselor was provided to the military enlistment
processing station four days after her physical examination.
The record shows that the security questionnaire was completed
on the same date as her enlistment physical examination, but
was not changed to note her history of counseling. As such,
the Board does not believe that she intentionally withheld
information during the enlistment process. Therefore, the
Board concludes that her reason for discharge should be changed
to erroneous enlistment and her reenlistment code should be
changed to an RE-3E.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was discharged by reason of erroneous enlistment on
9 July 2007, vice by reason of fraudulent entry.
b. That Petitioner's naval record be further corrected to
show that she was assigned an RE-3E reenlistment code on
9 July 2007, vice the RE-4 actually assigned on that date.
c. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
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.
ROBERT D. ZSALMAN BRIAN J.*GEORGE
Recorder Acting Recorder
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 Regulation, 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.
“72 Ww. DEAN PFEIFFER
Executive Director
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