DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 10288-07
31 July 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER SagggEpeeseeeeeeee are
REVIEW OF NAVAL RECORD ™*
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
2. The Board, consisting of Ms. WMrend Messrs. Qype and
. reviewed Petitioner's allegations of error and injustice
on 31 July 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.
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 enlisted in the Navy on 10 May 2007. On 16
May 2007, she was recommended for discharge by reason of
erroneous enlistment, and for fraudulent entry into the naval
service, based on her history of attention deficit/hyperactivity
disorder, which existed prior to her enlistment. The separation
authority directed that she be discharged with an uncharacterized
entry level separation by reason of fraudulent entry. She was so
discharged on 23 May 2007.
c. Petitioner’s attorney contends, in effect,
disqualifying condition would have been obvious to any observer,
and that she was accepted into the Navy in order to meet
recruiting goals. She is a loyal American who wanted to serve
her country, and not someone to be accused of fraud. In
addition, he notes that Petitioner is referred to as a male ina
section of the recommendation for discharge, which indicates that
the separation action was not given the attention it warranted.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
after resolving doubt in Petitioner's favor, the Board concludes
that it would be in the interest of justice to correct her record
to show that she was discharged by reason of erroneous enlistment
because of her failure to meet the physical standards for
enlistment, in accordance with Military Personnel Manual article
1910-130, vice by reason of fraudulent entry.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
23 May 2007, she was discharged by reason of erroneous
enlistment/failure to meet physical standards for enlistment, in
accordance with Military Personnel Manual article 1910-130, vice
by reason of fraudulent entry.
b. 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
ROBERT D. ZSALMAN .
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 Regulations, 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.
us DEAN PFE
Executive Di Yr
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