Docket No: 5478-20
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 2 December 2020.  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 service on 21 June 1995.  On 10 July 1995, you underwent a psychiatric evaluation, at which time you were diagnosed with adjustment disorder/failure to adjust.  On 12 July 1995, you were notified of the initiation of administrative separation proceedings with an entry level separation (uncharacterized) by reason of defective enlistment due to erroneous entry, at which point, you waived your right to consult with counsel.  On the same day, you submitted statements noting your family problems, and receiving counseling prior to your enlistment into the Marine Corps.  On 13 July 1995, the discharge authority approved and directed your discharge. On 17 July 1995, you were discharged with an uncharacterized characterization of service by reason of fraudulent entry. 
 
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 change your reenlistment code.  You contend you were discharged due to an injury you incurred in a karate tournament prior to your enlistment, which prevented you from completing basic training.  You contend you were completely honest about your injury and submitted all documentation required to enlist.  You also state that you have been a productive member of society since your discharge.  The Board reviewed all the evidence submitted with your application.  The Board commends your honorable service in the Army National Guard, United States Air Force, and other educational accomplishments.  Notwithstanding, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.   The Board noted that the record contains documented evidence that is contrary to your contentions.  Specifically, your failure to disclose preservice psychiatric treatment 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,