DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4153-14
8 May 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL eecorp or csuc,
oo
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record/cD
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that her narrative reason for
separation (fraudulent entry), separation designator (SPD) code
(JDA1) and reenlistment code (RE-3P) be changed.
reviewed Petitioner's allegations of error and injustice on
8 April 2015 and, pursuant to its regulations, determined that
the partial corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations, and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. Petitioner’s record contains a Report of Medical History
dated 13 July 2012, which reflects that prior to enlisting, she
had been evaluated or treated for a mental condition because her
parents wanted to know if she had a learning disability.
TAL
Docket No: 4153-14
d. Petitioner enlisted in the Marine Corps and began a
period of active duty on 17 June 2013. On 29 July 2013, she was
referred for a mental health evaluation after reporting feeling
depressed and stated she had an emotional breakdown. During
evaluation Petitioner revealed a prior diagnosis of a learning
disorder that required an individualized education plan.
e. As a result of the foregoing, Petitioner was recommended
for an administrative separation due to fraudulent entry, and on
14 August 2013, she was so discharged.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants partial
favorable corrective action. The Board concluded that since
Petitioner had previously disclosed her prior service evaluation
for a learning disability, her entry into the Marine Corps was in
fact not fraudulent. With that being said, the Board concluded
that the record should be changed to reflect a less stigmatizing
reason for separation. Specifically, the Board directed that the
Certificate of Release or Discharge from Active Duty
(DD Form 214) be corrected to reflect an “Erroneous Entry” and
that the separation designator code (SPD) be changed to “HFC1”
which coincides with the corrected narrative reason for
separation. However, the Board found that no error or injustice
existed when Petitioner was assigned an RE-3P reenlistment code,
and concluded that it should remain in the record since it is the
most appropriate code for an individual who was separated by
reason of erroneous enlistment.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following partial corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by changing
the narrative reason for separation and SPD code (blocks 25 and
26) from “Fraudulent Entry” to “Erroneous Enlistment” and SPD
code “JDA1” to “HFC1”. That Petitioner be re-issued a corrected
DD Form 214 which reflects the foregoing corrections vice issued
a DD Form 215
b. That any material or entries inconsistent with or relating
to the Board’s recommendation be corrected, removed, or
completely expunged from Petitioner’s record and that no such
entries or material be added to the record in the future.
TAL
Docket No: 4153-14
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board's review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
T. J. REED
Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulation, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
ROBERT J. O'NEILL
Executive Director
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