DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
707 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00431-14
15 May 2014
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 our
application on 14 May 2014. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 23 June 2008. On 4 October
2008, you were given a mental health evaluation due to suicidal
ideation. You disclosed that you received counseling in October
2007 for depressive symptoms, anxiety and suicidal ideation and
were diagnosed with depression which you did not disclose on
your in-processing paperwork. You were diagnosed with major
depression with anxiety, a dysthymic disorder, anda generalized
anxiety disorder which existed prior to enlistment and
recommended for administrative separation. On 17 October 2008,
you signed and acknowledged that you were being administratively
separated due to fraudulent entry based on your failure to
disclose vital mental health information. On 5 November 2008,
you were discharged with an uncharacterized entry level
separation by reason of fraudulent enlistment and assigned a
reentry code of RE-4 based on your. failure to disclose a
disqualifying history of mental health issues.
The Board, in its review of your application, considered all
potentially mitigating factors present in your case.
Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of service or the reentry
code given your fraudulent enlistment and diagnosed mental
health conditions. 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,
Rp kD, Fi |
ROBERT D. ZSALMAN
Acting Executive Director
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