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
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