DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00666-14
1 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 your
application on 30 April 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 1 December 2009. On 4
December 2009, you disclosed that you had received treatment for
depression, anxiety and attention deficit hyperactivity disorder
prior to your enlistment but failed to disclose this vital
information on your in-processing paperwork. You were informed
that administrative separation procedures were initiated and you
waived all of your rights. The discharge authority directed an
uncharacterized entry level separation by reason of fraudulent
entry into military service. You were so discharged on 8
December 2009, and assigned an RE-3P reentry code, as required
by governing directives.
The Board noted that an RE-3P is the most favorable reentry code
that may be assigned to individuals who are separated by reason
of fraudulent entry during initial training. The alternative is
an RE-4 (not recommended for retention). As you were not
eligible or recommended for reenlistment, a code of RE-1 was not
authorized. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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