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NAVY | BCNR | CY2002 | 08740-01
Original file (08740-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD  

FOR  CORRECTION 

OF  NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

JRE
Docket No: 8740-01
24 May 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 25 April 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.

Documentary material considered by the Board

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.

The Board found that you served on active duty in the Marine Corps from 27 May 1998 to
16 June 1998, when you were discharged by reason of fraudulent enlistment based on your
failure to disclose a pre-service history of psychiatric disease and treatment therefor.
Initially, you were assigned a reenlistment code of
physically qualified for reenlistment.
to indicate that you failed to complete recruit training.

The code was amended on 8 February 2001 to  

RE-3P, which indicates that you were not

 

RE-3F,

The Board rejected your contention to the effect that your enlistment was not fraudulent. It
noted that on 10 November 1994, during a period of service in the Navy, you were
diagnosed as suffering from a bipolar disorder and a personality disorder, not otherwise
specified, with anti-social features.
that time indicates that you had significant feelings of depression, anxiety, agitation,
withdrawal from others, and significant feelings of alienation. The fact that you no longer
claim to have such symptoms is insufficient to demonstrate that either of the aforementioned
diagnoses is erroneous, or that you are suitable or qualified for enlistment in the Armed

In addition, results of psychological testing conducted at

Forces.

In view of the foregoing, there does not appear to be any basis for correcting your
reenlistment code. Accordingly, your application has been denied. 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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