Docket No: 7918-19 
Ref: Signature Date  
 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Commandant of the Marine Corps 
 
Subj:   REVIEW NAVAL RECORD OF FORMER   
                 
            
Ref:    (a) 10 U.S.C. 1552 
                 
Encl:   (1) DD Form 149 with attachments 
     (2) Case summary 
     (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to change his Narrative Reason for Separation, Separation Code, and Reenlistment Code on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) through (3) apply. 
 
2.  The Board consisting of  reviewed Petitioner's allegations of error and injustice on 16 September 2020, and pursuant to its regulations, determined that the 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.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. 
 
    c.  Petitioner enlisted in the Marine Corps on 30 January 1996.  On 4 February 1996, Petitioner received a psychiatric evaluation, which determined he had suicidal ideation and suffered from Post-Traumatic Stress Disorder (PTSD) that existed prior to enlistment due to physical abuse from his step-father.  The evaluation also determined he suffered from an adjustment disorder and a personality disorder.  On 5 February 1996, the Mental Health Unit determined Petitioner suffered from PTSD and a personality disorder.  As a result, he was recommended for an administrative separation from the Marine Corps due to a condition that was not the result of military service and will unlikely change.  On 7 February 1996, Petitioner was counseled on his separation from the Marine Corps due to PTSD that existed prior to enlistment and having suicide ideation.  Subsequently, he was notified of pending administrative separation due to fraudulent enlistment/defective enlistment-suicide attempts.  After he waived his rights, his commanding officer (CO) recommended an uncharacterized characterization of service due to fraudulent enlistment/defective enlistment-suicide attempts.  The discharge authority approved his CO’s recommendation and directed an uncharacterized characterization of service by reason of fraudulent enlistment/defective enlistment-suicide attempts.  On 16 February 1996, he was discharged with an Uncharacterized Characterization of Service, a Narrative Reason for separation as “Fraudulent Enlistment/Defective Enlistment-Suicide Attempts”, a Separation Code as “JDA”, and a Reenlistment Code as “RE-3F.”  In regard to the Petitioner’s case, there was no documentation in the record and he provided none, to support changing his Separation Code, and Reenlistment Code. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants partial favorable action.  The Board was sympathetic to the Petitioner’s medical condition and his desire to change his Narrative Reason for Separation, Separation Code, and Reenlistment Code. However, the Board concluded that these factors were not sufficient to warrant relief given his diagnosed PTSD and personality disorder.  The Board notes that Petitioner, although diagnosed with PTSD and a personality disorder, deserves clemency and concludes that the narrative reason for separation should be changed in the best interest of the service.  With that being said, the Board concludes that the Narrative Reason for Separation “Fraudulent Enlistment/Defective Enlistment-Suicide Attempts” should be changed by removing the words “Suicide Attempts” but the Separation Code “JDA” and Reenlistment Code “RE-3F” should remain unchanged.   
   
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner's naval record should be corrected by removing the words “Suicide Attempts” from the narrative reason for separation. 
     
That Petitioner should be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214).     
 
That no further changes be made to the record. 
 
That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 12 August 2019. 
 
4.  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. 
 
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. 
 
                                                                             
Sincerely,