DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
									CRS
											Docket No: 10234-03 
											4 August 2004

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 4 August 2004. 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. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 29 December 2003, a copy of which is attached.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable mater idl error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. The Board also noted your claim that you lied about a preservice suicide attempt in order to be discharged, but could not determine if you were lying then or lying now. In this regard, the law is very clear that an individual who procures a discharge by fraud should not benefit from the fraud when it is discovered. 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,

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
	QUANTICO, VIRGINIA 22134-5 103
		IN REPLY REFER TO:

1040
MMER/ RE

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Subj:	BCNR APPLICATION IN THE CASE OF FORMER  SUBJ: RECODE

  End:	(1) NAVMC 118(11) of 20 Jan 00
(2) Copy of psychological Evaluation of 10 Jan 00
(3) Copy of Voluntary Statement dtd 10 Jan 00
	   (4) DD Form 149 of 10 Nov 03

1.	service record has been reviewed and it has been determined that his reenlistment code of RE-3F was correctly assigned. The reenlistment code was assigned based on his overall record and simply means that he failed to complete recruit training.

2.	was separated on January 20, 2000 by reason of Fraudulent Entry into Military Service. A review of his service record indicates that he was counseled concerning pre-service undisclosed suicidal behavior. It was determined by the Mental Health Unit, Parris Island, South Carolina, that suffered from a Passive Aggressive Personality Disorder with Avoidant Features which rendered him unsuitable for military service. Enclosures (1) through (3) pertain.

3.	After a review of all elevate information, his Headquarters concurs in the professional evaluation of cautions for reenlistment at the time of separation. Once a code is correctly assigned it is not routinely changed or upgraded as a result of events that occur after separation or based merely on the passage of time.

4.	Enclosure (4) is returned for final action.

Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps