DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRF
Docket No. 01819-10
14 February 2011
From: Chairman, Board for Correction of Naval Records
To Secretary of the Navy
INES. apelin
REVIEW OF NAVAL RECORD
Ref: (ay 10 U.8.6. Lose
Rive Ll: (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 his naval record be corrected to
show that he was discharged by reason of an adjustment disorder rather
than fraudulent entry.
2. The Board, consisting of Messrs. Geberth, Spooner and Tew,
reviewed Petitioner's allegations of error and injustice on 9
December 2010 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps on 22 June 2009. On
12 January 2010 he was given a diagnosis of an adjustment disorder
with depressed mood. He was discharged under honorable conditions
on 29 January 2010 by reason of fraudulent entry based on his
concealment of a disqualifying history of attention deficit
disonder.
d. Petitioner contends, in effect, that his enlistment was not
Fraudulent because he advised his recruiter of his history of
attention deficit disorder.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
resolving doubt in Petitioner's favor, the Board accepted his
contention that he fully disclosed his medical history to his
recruiter when applying for enlistment, and that althougfi his
disclosure does not excuse his subsequent concealment of that history
in order to procure an enlistment, it would be in the interest of
justice to correct his record to show that he was discharged for the
convenience of the government due to a condition, not a disability,
that interfered with his performance of duty, namely, and adjustment
disorder, and that he was assigned a reentry code of RE-3P.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 29 January 2010, he was discharged for the convenience of the
government due a condition, not a disability, that interfered with
his performance of duty, and that he was assigned a reentry code of
RE-3P.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That no further relief be granted.
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 MEK
Recorder Acting 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.
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