Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 03057-02
Original file (03057-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

Y

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TRG
Docket No: 3057-02
15 September 2002

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 10 September 2002.
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.

Your allegations of error and

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

You enlisted in the Marine Corps on 13 February 2001 at age 24.
In connection with your enlistment, you denied any prior
psychiatric problems or treatment,
had never attempted suicide.
you had been suffering from depression for about two years, had
tried to commit suicide several times, and should not be
permitted to handle weapons.
with an antisocial personality disorder and a chronic major
depressive disorder.

and further stated that you

On 22 February 2002 you stated that

That same day, you were diagnosed

Based on the psychiatric determination that you were unsuitable
for service and the false statements you made at the time of your
enlistment, you were processed for an administrative separation.
In connection with this processing,
On 28 February 2001 the separation authority
procedural rights.
directed an entry level separation and you were so separated on 5
March 2001.
At that time you were assigned an RE-3F reenlistment
code.

you elected to waive your

.

You state in your application,
enlisted and then told other lies in order to be separated.

that you lied in order to be

You

regret your actions and desire to again serve in the military.
The Board is aware that it is well settled in the law that an
individual who perpetrates a fraud in order to be separated from
the military should not benefit from that fraud when it is
Further, the Board could not determine if you were
discovered.
Finally, the Board notes that you
lying then or are lying now.
have not refuted the disqualifying psychiatric diagnoses of
antisocial personality disorder and chronic major depressive
disorder.

Regulations require an entry level separation if an individual is
Accordingly,
separation within the first 180 days of service.
the Board concluded that an entry level separation was proper in
your case.

Marine Corps regulations allow for the assignment of an RE-3F
reenlistment code to individuals who are separated prior to the
completion of recruit training.
differently than others in your situation, the Board could not
find an error or injustice in the assignment of the RE-3F
Reenlistment Code.

Since you have been treated no

Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The names and

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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,

W. DEAN PFEIFFER
Executive Director

2



Similar Decisions

  • NAVY | BCNR | CY2011 | 04657-11

    Original file (04657-11.pdf) Auto-classification: Denied

    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. Subsequently, you were processed for an administrative separation by reason of convenience of the government due to your diagnosed personality disorder. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2006 | 07645-06

    Original file (07645-06.rtf) Auto-classification: Denied

    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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 14 August 2002 at age 20. He noted that there were no...

  • NAVY | BCNR | CY2002 | 07609-01

    Original file (07609-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2002. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Further, the Board could not tell if you The Regulations allow for the assignment of an RE-4 reenlistment code when an individual is separated by reason of erroneous enlistment and such a...

  • NAVY | BCNR | CY2009 | 01932-09

    Original file (01932-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2010. The Board found that you enlisted in the Navy on 18 April 2007. 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.

  • NAVY | BCNR | CY2001 | 03352-01

    Original file (03352-01.pdf) Auto-classification: Denied

    On 20 July 2000 you were notified of separation processing based In connection with this on the diagnosed personality disorder. You state in your application that you ideation in order to gain separation from the Navy. 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.

  • NAVY | BCNR | CY2001 | 03288-01

    Original file (03288-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were so separated on 4 On 1 November 1999 you were processed for an In connection with this processing, You state in your application that you had personal problems and lied to the psychologist about your preservice...

  • NAVY | DRB | 2000_Navy | ND00-00480

    Original file (ND00-00480.rtf) Auto-classification: Denied

    ND00-00480 Applicant’s Request The application for discharge review, received 000302, requested that the characterization of service on the discharge be changed General/under Honorable conditions or Entry level separation or uncharacterized. I did not do or use drugs prior to my military enlistment. The applicant did not provide any post-service documentation for the Board to consider.

  • NAVY | BCNR | CY2002 | 08839-02

    Original file (08839-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2002. 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. Consequently,...

  • NAVY | BCNR | CY2002 | 00084-02

    Original file (00084-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2002. 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. However, you state that you lied to gain discharge.

  • NAVY | BCNR | CY2007 | 08479-07

    Original file (08479-07.pdf) Auto-classification: Denied

    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. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your reenlistment code given the diagnoses of a personality disorder and possible risk to harm yourself or others. Consequently, when applying for a correction of an official naval record, the...