DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2496
JDR
Docket No: 2422-14
27 March 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
16 March 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 thé 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 21 June 2010. Onl July 2010, you were counseled and
advised that you were assigned a reenlistment code of RE-3F by
reason of fraudulent enlistment for adjustment disorder with
depressed mood. Subsequently, administrative @ischarge action .
was initiated by reason of fraudulent entry into military
service. You were so discharged on 6 July 2010 and assigned an
RE-3F reenlistment code. Be advised that an RE-3F reenlistment
code may not prohibit reenlistment, but requires that a waiver
be obtained from recruiting personnel who are responsible for .
determining whether you meet the requirements for reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire -to upgrade your reentry code and return to military
service. It also considered your assertions that your
recruiters lied to you and that you were not given a chance to
complete basic training. Nevertheless, based on the information
currently contained in your record, the Board concluded these
factors were not sufficient to warrant an upgrade of your
RE-3F reentry code. Finally, Marines discharged by reason of
fraudulent entry would normally be assigned an RE-4 reenlistment
code, which is_a bar to reenlistment. Again, you were assigned
the most appropriate reenlistment code for your situation. With
regard to your assertions that your recruiters lied to you and
that you were not given a chance to complete basic training, the
Board found that your assertions were insufficient to establish
the existence of probable material error or injustice.
Accordingly, your application has heen 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 within one year from the date of the Board's
decision. New evidence is evidence not previéusly considered by
the Board prior to making its decision in your case. 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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