DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5569-10
18 February 2011
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 15 February 2011. 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.
You entered active duty in the Marine Corps on 28 June 1991.
While at recruit training, you were referred to the mental
health unit, where you revealed that you had been treated for
depression by a psychiatrist during high school, which you
failed to disclose during the enlistment process. You were
advised that you were to be separated due to fraudulent entry
with an uncharacterized entry level separation, and assigned an
RE-4 (not recommended for reenlistment) reentry code. You were
so discharged on 30 August 1991.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and the
fact that you are currently a commissioned officer in the Judge
Advocate General’s Corps in the Ohio Army National Guard. The
Board concluded that your fraudulent entry reason for
separation is correct due to your failure to disclose your pre-
service psychiatric treatment. In view of the above, 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 it@ decision upon submission of new
“and material evidente 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 PF
Executive D
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