DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 8615-16 

DEC 07 2017 

Dear 

This is in reference to your application for correction ofyour grandson's naval record pursuant to 
the provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on I November 2017. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions ofyour grandson's naval record, 
and applicable statutes, regulations, and policies. 

Your grandson, [NAME REDACTED], enlisted in the Marine Corps and began a period ofactive duty on 
31 December 1999. He served for nearly seven months without disciplinary incident, but on 
18 July 2000, he received nonjudicial punishment (NJP) for failure to obey a lawful written order. 

On 15 August 2000, [NAME REDACTED], was referred by his command to the Navy Hospital, for 
a mental health evaluation due to his statements that prior to enlistment he was hospitalized twice 
for drug abuse and "mental pains" and now feels his "mental pains" returning with frequent 
episodes ofanxiety and panic attacks. On 17 August 2000, 
was given a psychiatric 

evaluation, where he stated in part that he withheld his psychiatric history from the Marine Corps at 
the time ofenlistment and had hoped everything would be ok. He reported sexual abuse by a 
family member which began at an unknown age and continued to age six. He saw a psychiatrist, 
from the age ofsix to eight twice a week. He recounted a number ofpast psychiatric and substance 
rehabilitation admissions, as well as long-term outpatient follow-ups. He had been previously 
prescribed antidepressant medication. He starting using marijuana at age 16 and cocaine from age 
17 to 19. He experimented with lysergic acid diethylamide (LSD), used speed, his mother's Xanax 
and mushrooms. He further stated he started using alcohol at age 15 and recalled experiencing 
blackouts and episode ofpassing out. 

[NAME REDACTED] was diagnosed with delayed onset post-traumatic stress disorder, alcohol
dependence (in partial remission), cocaine dependence (in partial remission), poly drug
abuse (in full remission) and nicotine dependence. It was strongly recommended that he
be administratively separated due to fraudulent enlistment. Subsequently, he was notified
of pending administrative separation by reason ofmisconduct due to fraudulent 
enlistment. The commanding officer recommended discharge under other than honorable 
conditions by reason ofmisconduct due to fraudulent enlistment. The discharge authority approved 
this recommendation and directed separation under other than honorable conditions by reason of 
misconduct and, on 30 April 2001, he was discharged. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 
The Board, in its review ofyour grandson's entire record and your application, carefully weighed 
all potentially mitigating factors and your contention that your grandson was put out ofthe 
Marine Corps due to one isolated incident because one officer wanted him out and you would 
like for your grandson's young son to received benefits. The Board found that these factors were 
not sufficient to warrant relief because ofthe seriousness of misconduct that resulted in a
fraudulent enlistment, had your grandson's psychiatric diagnosis and treatment been 
revealed, his enlistment would not have been allowed. Any person who procures his own 
enlistment in the Marine Corps by knowingly falsely representing or deliberately concealing his 
disqualifying attributes may be separated. Further, he was given an opportunity to defend his 
actions and ask to remain on active duty, but he waived his procedural rights. In regard to your 
contentions, the Board noted your grandson was not discharged due to one isolated incident, but 
due to the concealment ofhis prior psychiatric history. Accordingly, your application has been 
denied. 

The Department of Veterans Affairs (DVA) determines eligibility for post-service benefits, not 
BCNR. You should contact the nearest office ofDVA concerning eligibility to apply for 
benefits for your grandson's young son. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director