Docket No: 4693-20 
Ref: Signature Date 

Dear   
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application was 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 for Correction of Naval Records, sitting in executive session, considered your application on 14 September 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, and applicable statutes, regulations, and policies. 
  
You enlisted in the Marine Corps and began a period of active duty on 15 December 2004.  Prior to enlisting, on 27 November 2004, you completed a DD Form 2807-1 (Medical History) and denied any preservice depression or mental health care.  On 14 February 2005, you were diagnosed with Depression and Anxiety, existing prior to enlistment and admitted these conditions existed prior to boot camp.  Subsequently, administrative separation action by reason of Fraudulent Enlistment, was initiated against you.  On 16 February 2005, you waived your rights to confer with counsel and provide a statement.  On 23 February 2005, the Separation Authority directed you be administratively separated with an Entry-Level separation.  On 23 February 2005, you were discharged with an Entry-Level separation.   
 
You have requested an upgrade of your discharge to Honorable.  You stated that treatment was never conducted and was interrupted by erroneous misinformation.  You noted that OSHA regulations define medical treatment as the management and care of a patient for the purpose of combatting disease or disorder and does not include healthcare professional observation, testing diagnosis or evaluation.  Finally, you asserted that diagnostic decisions should be excluded for the definition of medical treatment.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge, given your diagnosis of Depression and Anxiety within 180 days of enlistment, and your admission that these conditions existed prior to enlistment. The Board noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of discharge. 
  
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 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, 
 
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