DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6629-99
10 January 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
FORMER
REVIEW
(a) 10 U.S.C. 1552
(1) DD Form 149
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that naval record be corrected to
show, in effect, that he was discharged for medical reasons, vice fraudulent enlistment.
2. The Board, consisting of Messrs. Chapman, Mcculloch and Zsalman, reviewed
Petitioner’s allegations of error and injustice on 4 January 2001 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.
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
available under existing law and regulations within the Department of the Navy.
b. Petitioner completed a Standard Form (SF) 93, Report of Medical History, on 24
July 1998, in connection with his preenlistment physical examination. He specifically
denied that he had ever been a sleepwalker. The report of physical examination was updated
on 20 January 1999, and Petitioner denied any significant interval history, and made no
amendments to the SF 93. He enlisted in the Marine Corps on 20 January 1999, at
He was noted to sleep walk shortly thereafter, and he disclosed his pre-service history of
sleepwalking at that time. He was discharged from the Marine Corps on 11 March 1999 for
fraudulent entry, based on his concealment of his history of sleepwalking.
aze 18.
C. MARCORPSEPMAN, paragraph
6203.2a, provides for the discharge of Marines for
the convenience of the government for a physical condition not a disability, to include
sleepwalking. Paragraph 6204.2 a(2) provides, in effect, that a Marine may not
bc
discharged for erroneous enlistment if the enlistment was the result of fraudulent conduct on
6204.3b, provides, in part, that entries made in an SF 93
the part of the Marine. Paragraph
shall not be used as a basis for processing a recruit for discharge due to fraudulent
enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that
Petitioner’s discharge for fraudulent entry was improper because it was based on the SF 93
he completed prior to enlistment, in contravention of the terms of MARCORPSEPMAN
paragraph
following corrective action.
6204.3b. Accordingly, it finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that he was discharged from the
Marine Corps on 11 March 1999 for the convenience of the government, pursuant to
MARCORPSEPMAN paragraph
disability, interfering with his performance of duty.
6203.2a(3), due to sleepwalking, a physical condition not a
b. That a copy of this Report of Proceedings be filed in Petitioner ’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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.
ROBERT D. ZSALMAN
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.
=
W. DEAN
Executive Director
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