DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11025-08
12 January 2009
Fee be
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 8 January 2009. Your allegations of error and
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.
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 in the Marine Corps from 24
January to 7 February 2000, when you were discharged by reason
of fraudulent entry based on your concealment of a suicide
attempt and treatment for a disqualifying mental disorder. You
were assigned a reentry code of RE-3P to indicate that you
require a waiver of physical disqualification in order to be
eligible to reenlist.
The Board carefully considered your contention to the effect
that you lied about your mental health history in order to
procure your discharge from the Marine Corps, but found it
insufficient to warrant any corrective action in your case. The
Board concluded that it would not be in the interest of justice
to correct your record and thereby allow you to benefit from
your false statements. In addition, it is unclear if you lied to
procure your discharge, or if you lied in your application for
correction of your naval record. 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,
LG
ROBERT | Sr ft
Acting Executive Director
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