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 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 for Correction of Naval Records, sitting in executive session, considered your application on 13 November 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 15 September 2014.  On your pre-enlistment medical paperwork, you denied any mental health history and any psychiatric abnormalities, conditions, and/or symptoms.  On both 1 and 2 February 2019 you received a “Page 11” counseling warning for your diagnosis of an adjustment disorder with mixed anxiety and depressed mood.   
 
On 7 February 2019 your commanding officer at Headquarters and Support Battalion initiated administrative discharge action by reason of fraudulent entry into the Marine Corps.  The factual basis for your fraudulent enlistment was the failure to initially disclose during the induction process in August 2017 your significant pre-existing history of depression and suicide attempt.  Ultimately, on 20 February 2019 you were discharged from the Marine Corps with an honorable characterization of service and assigned a separation code of “JDA1” and an “RE-4” 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. 
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to:  (a) your honorable discharge and RE-4 code directly contradict each other; (b) you were a good Marine and had several Staff NCOs tell you that; (c) you were separated for an injury that you did not have a waiver for; and (d) you have rehabilitated your injury and would like to get a waiver and reenlist.  However, the Board concluded these factors and contentions were not sufficient to warrant changing your reentry code or your narrative reason for separation and its corresponding separation code, 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.  The Board noted that a fraudulent enlistment occurs when there has been a 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.  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, separation code, 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.   
 
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,