DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURFHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 6519-14
14 May 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
29 April 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.
Your record contains a Report of Medical History dated
30 December 1998, in which you responded “No” to question
regarding “bed wetting since age 12."
You enlisted in the Marine Corps and began a period of active
duty on 23 February 1999. Shortly thereafter, you were
diagnosed with nocturnal enuresis and recommended for an
administrative separation. Subsequently, administrative
separation action was initiated by reason of fraudulent entry
due to the diagnosed nocturnal enuresis. As a result of this
action, on 23 March 1999, you were issued an uncharacterized
entry level separation by reason of defective enlistment and
induction - fraudulent enlistment and assigned an RE-3F
reenlistment code.
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.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant relief in your case given your documented
fraudulent entry as evidenced by your failure to disclose your
pre-service medical condition of nocturnal enuresis. Further,
applicable regulations authorize an uncharacterized entry level
separation if the processing of an individual's separation
begins within 180 days of the individual’s entry on active
service.
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 previously 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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