DEPARTMENT OF THE NAVY
                  BOAFRD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TRG
Docket No: 7645-06
1 March 2007

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 21 February 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 14 August 2002 at age 20. The record shows that you completed recruit training and on 12 December 2002, you reported for advanced training. On 20 and 29 January 2003, you were counseled concerning your depression, suicidal attempts and gestures, physical violence toward others, and unreliability in stressful situations.

In a psychiatric evaluation, dated 30 January 2003, you provided the following history:

...	He reports he was on Ritalin and Adder all for 9 years before entering the military .... He reports he had recurrent behavioral problems staring as a young child. He reports he has been in too numerous to count fights to include fights with weapons such as hammers and pipes. He denied ever using a knife or a firearm. He reports he was repeatedly thrown out of school and in trouble at school for arguing with teachers, getting in recurrent fights and skipping school. He reports he has a long history of recurrent vandalism, stealing from businesses, stealing from friends and cruelty to animals      He did report in his fights he has beat up people severely enough they have required hospitalization, but he reports he has never killed anyone.

Based on this history you were diagnosed with a mild to moderate recurrent major depressive disorder, a dysthyrnic disorder, marijuana dependence in early full remission, and an antisocial personality disorder. You were recommended for administrative separation.

On 1 February 2003, you were notified of separation processing. At that time, you elected to waive your procedural rights. Subsequently, the commanding officer recommended separation
stating, in part, as follows:

...	If retained (he) would prove problematic with his behavior, depression, recurring anxiety, rapid mood swings, disruptive behavior and unreliability in stressful situations and would be a significant liability to this command. I recommended that (he) be separated immediately     

After review the separation authority directed an uncharacterized entry level separation. Your record has been corrected to show that, on 20 March 2003, you received an entry level separation vice the general discharge that was actually issued on that date. At that time of your separation, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.

You applied to this Board with the help of a retired Marine sergeant major. He stated that while you were waiting for the start of training, you were placed in the barracks with individuals waiting for disciplinary separation and other substandard Marines. Further, you were lonely due to separation from your new wife and had received letters that she was carousing with friends. Because of these factors, you listened to bad advice as to how you could obtain a discharge. The sergeant major believes that good leadership would have prevented your separation.

You have provided character references, which attest to your good conduct and accomplishments since you were separated from the Marine Corps. You have also provided the results of a psychological evaluation which included psychological testing. You told the psychologist that you had overemphasized your history because your intent was to be released from the service
and rejoin your family. In this regard, you have been working steadily for two years as an electrician, developed a stable and consistent life, matured greatly, and want to reestablish your relationship with the Marine Corps.

After review, the psychologist concluded that your problems while in the Marine Corps were situational in nature and not a reflection of any underlying character problem or significant mental health issue. He noted that there were no indications of depressive symptoms, and he felt that your depression when evaluated by the military psychologist was situational in nature and not a chronic long-term problem. In view of the foregoing, the psychologist endorsed your reenlistment in the Marine Corps.

Headquarters Marine Corps has provided an advisory opinion which concludes, in effect, that your record while in the Marine Corps was sufficient to support the assignment of the RE-4 reenlistment code. In his rebuttal, the sergeant major points out that you had no problems while in recruit training and your subsequent problems were caused by immaturity and homesickness. He believes that good leadership would have retained you in the Marine Corps.

In its review of your case, the Board found that the symptoms and history you presented to the doctor while in the Marine Corps were certainly sufficient to support separation and the assignment of an RE-4 reenlistment code. Although the evaluation you submitted shows that you are now a productive and well functioning individual the Board is aware that psychiatric problems may only become manifest when an individual is under stress, and you were not under stress when you received the evaluation you submitted. If the Board accepts as true that you lied in order to be separated from the Marine Corps, you should know that it is well settled in the law that an individual who achieves separation by fraud should not benefit from that fraud when it is discovered. The Board thus concluded that you were properly separated from the Marine Corps with an RE-4 reenlistment code.

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,

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