DEPARTMENT OF THE N A V Y
BOARD FOR C O R R E C T I O N OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 1990-02
11 April 2002
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Copy of DD Form 214 and other service
record documents
1. Pursuant to the provisions of reference (a),
former enlisted member of the Marine Corvs filed
with this Board requesting that his record be corrected by
changing the reason for his separation.
Petitioner, a
an application
2. The Board, consisting of Mr. Pauling, Mr. Mackey and Ms.
McCormick, reviewed Petitioner's allegations of error and
injustice on 9 April 2002 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, and
applicable statutes, regulations and policies. The Board was
unable to obtain Petitioner's service record and conducted its
review based on documentation he submitted.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies a ~ i l a b h under existing law and
regulations within the Department of the Navy.
b. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and review the application on
its merits.
c. Petitioner enlisted in the Marine Corps on 24 August
1998 at age 19. Two days later during the "Moment of Truthw, he
admitted to preservice episodes of depression, with no suicidal
thoughts or ideations, from 16 August 1994 through 3 April 1995.
He also said that during this period, he was prescribed a variety
of antidepressant medications. That same day, the medical
disposition officer concluded that the history of psychiatric
treatment for depression was disqualifying for active service
Directive 6130.2, and it would have been disqualifying at the
Military Entrance Processing Station (MEPS), had all the facts
been known at the time of the enlistment physical examination.
Petitioner was dropped from recruit training on 27 August 1998.
d. On 28 August 1998 Petitioner was notified of separation
processing by reason of fraudulent enlistment. In connection
with this processing, he elected to waive his procedural rights.
After review by the separation authority, an entry level
separtion by reason of fraudulent enlistment was directed and he
was so separated on 4 September 1998. At that time he was
assigned an RE-3P reenlistment code.
e. Petitioner states in his application that he to1,d the
recruiter about the treatment for depression, and that he had no
similar problems since April 1995. The recruiter then allegedly
told him that in order to become a Marine, he should not tell
anyone about his treatment for depression. Petitioner further
contends that he acted on this advice by answering llnoll to the
pertinent questions on his medical history form (SF 93) and
remaining silent during his physical examination at MEPS.
Evidence has been submitted showing that Petitioner has been
active in his church and a successful college student since his
separation from the Marine Corps.
d. Petitioner's father has submitted a statement to the
effect that he and his wife discussed their sonls treatment for
depression with the recruiter, and he told them that Petitioner
was eligible for enlistment since he had no further problems and
was not on medication. The father also corroborates Petitioner's
statement that he had discussed his treatment with the recruiter
and was told not to worry about it.
e. Regulations state that the SF 93 shall not be used as a
basis for processing a recruit for separation due to fraudulent
enlistment. Since Petitioner's record is unavailable, it is
unclear whether he indicated that he was not treated for
depression on some other document. The regulations also allow
for separation by reason of erroneous enlistment when there is a
factor which had it been know would have prevented enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Since Petitioner's recruiter may have encouraged him to
lie on his preenlistment documents, and the SF 93 cannot be used
for processing due to fraudulent enlistment, the Board concludes
that a more appropriate reason for separation is erroneous
enlistment. In other words, if his presentice treatment for
depression had been known he would not have been enlisted. The
Board further concludes that the reenlistment code should remain
RE-3P.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 4 September 1998 he received an entry level separation by
reason of erroneous enlistment with an RE-3P reenlistment code
vice the reason of fraudulent enlistment now of record.
b. That 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.
. -.
J&///
/ E.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
LDSMITH
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.
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