DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 8053-01
13 May 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
Your allegations of error and
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, and applicable statutes, regulations, and policies.
Board was unable to obtain you naval record and concluded its
review based on the documentation you submitted with your
application.
Documentary material considered by the Board consisted of
together with all material submitted in support
The
After careful and conscientious consideration of the entire case
file, the Board found the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
The Board found you enlisted in the Marine Corps on 19 May 1997
at the age of 22, after about a month in the Delayed Entry
Program
It appears from the
statement you submitted with your application that you denied any
prior suicide attempts or suicidal ideation at the time of your
enlistment.
(DEP) of the Marine Corps Reserve.
Your Certificate of Release or Discharge from Active Duty (DD
Form 214) reflects that while in recruit training you were
processed for an administrative separation by reason of
fraudulent entry.
processing resulted from a comment you made to your drill
instructor to the effect that prior to enlistment you had
suicidal thoughts.
directed an uncharacterized entry level separation by reason of
fraudulent entry, and on 13 June 1997 you were so separated and
assigned an RE-3F reenlistment code.
According to your statement, separation
Subsequently, the discharge authority
The
However,
The Board, in its review of your case file and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and good post service conduct.
Board also considered your character reference letters.
the Board concluded these factors and contention were not
sufficient to warrant a change of your narrative reason for
separation or reenlistment code because of the fact that
you
failed to complete recruit training and were separated due to
your apparent fraudulent enlistment.
is routinely assigned under these circumstances, and is also
assigned to most individuals who fail to complete recruit
training.
requires that a waiver be obtained from recruiting personnel who
are responsible for determining whether an individual meets the
standards for reenlistment, and whether or not a request for a
The
waiver of an individual's reenlistment code is feasible.
Board also noted your current statement to the effect that you
lied about prior suicidal ideation in order to be discharged.
Even if this were true, it is well settled in the law that one
who obtains a discharge by fraud should not benefit from the
fraud when it is discovered.
Given all the circumstances of your
case, the Board concluded your narrative reason for discharge and
reenlistment code were proper and no change is warranted.
Accordingly, your application has been denied.
Such a code does not prohibit reenlistment, but
An RE-3F reenlistment code
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,
W. DEAN PFEIFFER
Executive Director
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