DEPARTMENT OF THE NAVY 

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

 
Docket No: 10101-17 
Ref: Signature Date 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW NAVAL RECORD OF 
Ref: (a) 10 U.S.C. §1552 
Encl: (1) DD Form 149 with attachments 
(2) HQMC memo 1610 MMRP-13 undated 

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Marine, filed 
enclosure (1) with this Board requesting his Certificate of Release or Discharge from Active 
Duty (DD Form 214) be corrected to reflect his original characterization of service, entry level 
separation, and the issuance of the National Defense Service Medal (NDSM) and Global War on 
Terrorism (GWOT) service medal. Enclosures (1) and (2) apply. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and injustice on 25 February 2019 and, pursuant to its regulations, 
determined that the corrective action indicated below should be taken on the available evidence 
of record. Documentary material considered by the Board consisted of the enclosures, relevant 
portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. In 
addition, the Board considered the advisory opinion (AO) provided by Headquarters Marine 
Corps (HQMC MMRP-13). 

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of 
error and injustice finds as follows: 
a. Before applying to this Board, Petitioner exhausted all administrative remedies available 
under existing law and regulations within the Department of the Navy. 

b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to 
waive the statute of limitations and review the application on its merits. 

c. Petitioner enlisted in the Marine Corps and began a period of active duty service on 25 
July 2000. On 27 September 2001, Petitioner, after voluntarily waiving naval disability 
evaluation processing, requested separation based on physical/mental conditions not amounting 
to a physical disability due to his diagnosis of fecal incontinence, which existed prior to service 
but he failed to disclose. Subsequently, Petitioner was notified he was being considered for 
administrative separation by reason of defective enlistment/induction due to fraudulent entry. 

After Petitioner waived his procedural rights, the commanding officer (CO) recommended a 
general, under honorable conditions (GEN), discharge due to fraudulent entry. The discharge 
authority approved the CO’s recommendation and directed a general discharge due to fraudulent 
entry. On 4 January 2002, Petitioner was discharged. 

d. Per enclosure (2), when Petitioner requested a copy of his DD Form 214 on 8 February 
2013, MMRP-13 did not find his DD Form 214 on file so it reissued a DD Form 214 on 30 April 
2013. At the time of the reissuance, a unit diary search was completed which showed the 
separation date of 4 January 2002 with an entry level separation, uncharacterized. Additional 
research by MMRP-13, after this Board’s request for an advisory opinion, uncovered 
documentation that Petitioner was to be separated by reason of defective enlistment and 
induction due to fraudulent entry with a characterization of service as GEN. 

e. The NDSM is authorized for the war on terrorism from 11 September 2001 until the 
present. The GWOT service medal is authorized for “Airport Security Operations” which 
occurred between 27 September 2001 and 31 May 2002. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, and especially in light of enclosure 
(2), the Board concludes Petitioner's request warrants favorable action. 

The Board concludes Petitioner was properly separated in 2002 for fraudulent entry with a GEN 
characterization of service. The Board also concludes Petitioner is entitled to the NDSM due to 
his active duty service from 25 July 2000 to 4 January 2002 but is not entitled to the GWOT 
service medal because his time in the training pipeline is not applicable. 

RECOMMENDATION: 

In view of the foregoing, the Board finds the existence of an error warranting the following 
corrective action. 

Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty 
indicating his type of separation (block 23) as “Entry Level Separation”, his character of service 
(block 24) as “General, under honorable conditions”, and the issuance of the NDSM. 

A copy of this report of proceedings be filed in Petitioner’s naval record. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was 
received by the Board on 5 December 2017. 

4. It is certified that a quorum was present at the Board's review and deliberations, and that the 
foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the 
Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and 
having assured compliance with its provisions, it is hereby announced that the foregoing 
corrective action, taken under the authority of reference (a), has been approved by the Board on 
behalf of the Secretary of the Navy. 

5/15/2019