DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 RJO Docket No. 7381-15 KAY 2 O 2016 Dear This "is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2016. 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, your naval record and applicable statutes, regulations and policies. A review of your record shows you entered active duty with the Marine Corps on 28 May 2013. In February 2014, you injured yourself when you struck gym equipment in frustration. This subsequently led to further evaluation of your behavior culminating with a diagnosis of Schizophrenia that resulted in a Physical Evaluation Board finding of unfitness for continued naval service on 7 October 2014. However, your disability processing was preempted by an allegation of fraudulent enlistment and eventual administrative separation on that basis. The fraudulent enlistment allegation was based on a 2006 diagnosis of depression and prescription for amitriptyline that the Marine Corps determined you intentionally failed to disclose prior to your enlistment. The Board carefully considered your arguments that you deserve a medical board, upgrade of your characterization of service to Honorable, and a change to your narrative reason for discharge from fraudulent discharge. You contend that you were never diagnosed with depression in 2006 and were prescribed amitriptyline for sleep rather than as an antidepressant_ Unfortunately, the Board disagreed with your rationale for relief. The Board based their decision on your 7 November 2014 statement to your Commanding Officer in rebuttal to your administrative separation. In that statement, you admit to seeking treatment for depression in 2006 and being prescribed medication that Docket No. 7381-15 .... is used for treatment of depression. While you and your family allege that t he amitriptyline prescription was to help you sleep, the Board not ed that your fat her and mother's statement s contradict your st atement to your Commanding Officer. Specifically, t hey deny that you sought treatment for depression. This raised questions about the reliability of those supporting statements and your collective statements regarding the purpose of the amitr'iptyline prescription. Therefore t he Board concluded that t he evidence supports a finding that you were seen and diagnosed for depression in 2006, you were aware of those facts when you enlisted in the Marine Corps, and failed to di sclosed them to proper authorities prior to enlisting. Without additional evidence that conclusively shows that you were not seen for depression i n 2006, the Board determined the basis for your administrative separation should remain unchanged. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request . 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 evidence within one ˇyear from the date of the Board's decision. New evi dence is evidence not previously considered by the Board pri or to ~aking its decisi on in thi s case. In this regard, i t i s 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 2