DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5046-20 Ref: Signature Date 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 24 February 2021. The names and votes of the panel members 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 the 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, 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). You enlisted in the Marine Corps and began a period of active duty on 1 April 2019. On 18 July 2019, you were presented to Mental Health Clinic for a medical evaluation. During your evaluation, you disclosed that you had received outpatient treatment prior to your enlistment and that you did not disclose this information to your recruiter or at your Military Entrance Processing Station (MEPS). You were diagnosed with Acculturation Problem and recommended for administrative separation based on fraudulent enlistment. On 13 August 2019, you were issued an Administrative Remarks (Page 11) counseling concerning your deliberate concealment of your psychiatric history that you received outpatient treatment for mental illnesses, did procure an enlistment in the USMC, and thereafter, receive pay and allowance under the enlistment so procured. Subsequently, you were notified that you were being recommended for administrative discharge from the naval service because of defective enlistment and induction due to fraudulent entry. You were advised of, and waived, your procedural rights, including your right to consult with military counsel. The separation authority directed that you be administratively discharged from the naval service with an uncharacterized entry level separation by reason of fraudulent entry and assigned an RE-4 reenlistment code. On 25 September 2019, you were so discharged. 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 change your reentry code and your contentions that: (a) your discharge was unfair; (b) you were separated involuntarily due to fraudulent entry for not disclosing your medical illness with your recruiter; (c) you were tested while you were active duty and after your separation for mental illness signs, and none were found; and (d) during your administrative separation processing you were not given a chance to justify yourself by providing proper documentation. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that given your documented fraudulent entry as evidenced by your failure to disclose your prior medical history prior to your enlistment, outweighed these mitigating factors. 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, Executive Director