Dear :  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
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, sitting in executive session, considered your application on 18 December 2020.  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, relevant portions of your naval record, an advisory opinion (AO) from a qualified mental health practitioner, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).  
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.   
 
You enlisted in the Marine Corps on 28 October 2019.  On your pre-enlistment medical paperwork, you denied any mental health history and any psychiatric abnormalities, conditions, and/or symptoms.  You also specifically denied ever being a patient in any type of hospital.   
 
In November 2019 your commanding officer at  initiated administrative discharge action by reason of fraudulent entry into the Marine Corps.  The factual basis for your fraudulent enlistment was the failure to disclose during the induction process your significant pre-existing mental health history involving schizophrenia and corresponding hospitalization for several months for such condition.  Ultimately, on 28 November 2019 you were discharged from the Marine Corps with an honorable characterization of service and assigned a separation code of “JDA1” and an “RE-3P” reentry code.  The “JDA1” separation code corresponds to:  “fraudulent entry into military service,” and is the appropriate designation in cases involving the concealment of relevant medical history such as yours that would likely be disqualifying for active duty service.  In this regard, you were assigned the correct separation code and reentry code based on your factual situation. 
 
Your contention that your pre-service mental health condition was misdiagnosed was fully and carefully considered by the Board in light of the guidance provided by the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of  3 September 2014, and the "Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017.  
 
A qualified mental health provider (MHP) also reviewed your request for correction and provided the Board an AO dated 7 April 2020.  The MHP noted that very limited information was available from your mental health treatment prior to enlistment to render an opinion on the error in diagnosis, but the information available suggested that you were treated for schizoaffective disorder in 2013.  The MHP concluded by opining that there was insufficient evidence regarding your treatment history from 2013-2016 to establish an error in your original diagnosis. 
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to:  (a) you disclosed a misdiagnosed mental health history and had requested to stay in training, (b) before the supporting documentation arrived you were discharged, (c) you have provided paperwork from multiple doctors and their evaluations that it was a misdiagnosis, and (d) it has been your dream to become a Marine and would like the opportunity to serve your country.  However, the Board concluded these factors and contentions were not sufficient to warrant changing your reentry code or narrative reason for separation, or granting any other equitable relief.   
 
The Board determined that your Marine Corps service records and DD Form 214 maintained by the Department of the Navy (DoN) contain no known errors.  You clearly intentionally failed to disclose your pre-service mental health history and hospitalization.  Moreover, contrary to your contentions, the Board did not believe that your previous diagnosis was erroneous.  The Board noted that a fraudulent enlistment occurs when there has been deliberate material misrepresentation, including the omission or concealment of facts which, if known at the time, would have reasonably been expected to preclude, postpone, or otherwise affect a Marine's eligibility for enlistment.  The Board unequivocally determined that you had a legal, moral and ethical obligation to remain truthful on your enlistment paperwork.  Had you properly and fully disclosed your mental health history, you would have been disqualified from enlisting.  The Board also noted that your “RE-3P” reentry code may not prohibit reenlistment, but requires that a waiver be obtained, and that recruiting personnel are responsible for determining whether you meet the standards for reenlistment and whether or not a request for a waiver of the reentry code is feasible.  Lastly, absent a material error or injustice, the Board generally will not summarily make changes to service records solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  In the end, the Board concluded that you received the correct narrative reason for separation and reentry code based on the totality of your circumstances, and that such action was in accordance with all DoN directives and policy at the time of your discharge. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge, and all of the assertions and contentions in your application.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,