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

Docket No. 9155-17 
Ref: Signature Date
  
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj:    REVIEW NAVAL RECORD OF FORMER 

Ref:     (a) 10 U.S.C. § 1552 

Encl:    (1) DD Form 149 with attachments
         (2) Subject's naval record (excerpts) 

1. Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change of his narrative reason for separation. 

2. The Board, consisting of                                                        reviewed Petitioner's allegations of error and injustice on 6 March 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, naval records, and applicable statutes, regulations, and policies. 

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 on 1 June 1995.  On 20 November 1995, Petitioner was diagnosed with attention deficit hyperactivity disorder (ADHD).  The medical physician noted that the Petitioner had a history of ADHD since the age of seven years old and did not disclose this information during his induction into the Marine Corps.  As a result, the Petitioner was notified of administrative separation by reason of fraudulent enlistment, at which time he waived his right to consult with counsel. The commanding officer recommended administrative discharge with a general characterization of service. The discharge authority approved this recommendation and directed a general discharge by reason of fraudulent enlistment.  On 8 February 1996, Petitioner was discharged.

     d.  The Board noted that on 30 November 2016, the Board for Corrections of Naval Records (Board) upgraded the characterization of Petitioner’s discharge to honorable characterization of service and changed the reentry code to RE-1A. 

     e.  Petitioner contends that doing so is an acknowledgement on the part of the Board that no such fraudulence was ever committed by him.  Therefore, the words “Fraudulent entry into the Marine Corps” as the narrative reason for his discharge is still a mischaracterization of the reason for his separation and should be corrected. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, and in light of the Board decision on 30 November 2016, the Board concluded that the record should be changed to reflect a less stigmatizing reason for separation and that Petitioner’s request warrants relief in the form of changing Petitioner’s narrative reason for separation to “secretarial authority.” 

RECOMMENDATION: 

In view of the foregoing, the Board finds the existence of an error and injustice warranting the following corrective action. 
Petitioner be issued a new DD Form 214 indicating that on 8 February 1996, Petitioner’s narrative reason for separation was “secretarial authority.” 

No further changes be made to Petitioner’s record. 

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 2 November 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 (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. 


Sincerely, 


6/4/2019 



Executive Director