DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ,
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“AP iiree”
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Docket No: 1668-14
23 March 2015
Dear ay
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 23 February 2015. The names and votes of the
members of the panel will be furnished upon request.
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 and began a period of active
duty on 22 October 2012. Shortly after arriving for recruit
training, you reported to medical for treatment of ankle pain
for an injury that occurred prior to reporting for active duty.
At that time, you were diagnosed with a grade 3 ankle sprain,
dropped to medical rehabilitation platoon, and directed to
report to sports medicine. You also reported feelings of
depression and that you had depression in the past. On
26 October 2012, you were evaluated at the mental health unit
and reported feeling depressed, suicidal thoughts, and a history
of suicidal thoughts with depression. A review of your medical
prescreening documents revealed no record of you reporting the
ankle injury or the history of suicidal thoughts with
depression, and you were recommended for separation due to
fraudulent entry into military service through deliberate
omission or concealment of a condition that existed prior to
entry into service. On 8 November 2012, you were discharged
with an uncharacterized entry level separation by reason of
fraudulent entry into military service, and assigned an RE-3P
reentry code. Since you were diagnosed with a grade 3 ankle
sprain, you were assigned the most appropriate reenlistment code
based on your circumstances.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your narrative reason for separation,
upgrad your reentry code, and the notarized affidavit you
submitted. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because your ankle
injury existed prior to reporting for recruit training and you
failed to report this condition during the medical prescreening.
Finally, Marines discharged by reason of fraudulent entry due to
an undisclosed physical disability would normally be assigned
reenlistment code RE-3P. Again, you were assigned the most
appropriate reenlistment code for your situation. Accordingly,
your application has been denied.
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 within one year from the date of the Board’s decision.
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 J. O’NEILL
Executive Director
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