DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAQD, SUITE 1001
TAL
Docket No: 7013-13
14 August 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 August 2014. 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, your naval record, and applicable statutes,
regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
26 July 2006 at age 18. On 28 July 2006, you were the subject
of a psychological evaluation that diagnosed you with depressive
disorder, and alcohol and cannabis dependence which existed
prior to enlistment. You stated you were diagnosed with
attention deficit hyperactivity disorder (ADHD) and dyslexia in
junior high. You also stated you were prescribed Adderall at
age 17 and used it from 2005 through June 2006. You were
expelled from high school in your sophomore year for drinking
and using cannabis and began selling it at age 18. You began
drinking alcohol at age 15 and drank a case of beer daily. You
recalled being depressed at age 16 after a friend committed
suicide, and admitted to cutting and burning yourself. While
depressed, on two occasions, you punched a wall and broke your
hand. It was further determined that you failed to disclose
this information during your recruiting process. As a result of
your failure to disclose this information, your commanding
- officer initiated administrative discharge action by reason of
fraudulent entry as evidenced by your concealment of pre-service
treatment of your diagnosed ADHD and history of mental health
treatment, drug use and illegal activity. On 11 August 2006,
you received an entry level separation by reason of fraudulent
enlistment, and were assigned an RE-4 (not recommended for
retention) reentry code.
‘,The Board, in its review of your application, carefully weighed
‘all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
‘these factors were not sufficient to warrant a change in your
reason for separation or reentry code which were based on your
diagnosed ADHD and failure to disclose your past history of
mental health treatment, drug use and sale of drugs.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
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 and
Material evidence or other matter not previously 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,
ROBERT D. ZSA
Acting Executive Director
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