DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No.6781-18 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, sitting in executive session, considered your application on 26 September 2019. 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, an 14 May 2019 advisory opinion (AO) from a qualified mental health provider, as well as 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 3 February 1999. On your pre-enlistment medical paperwork and physical, you denied any mental health history or psychiatric abnormalities. While at boot camp, on 10 April 1999 you were admitted to for inpatient psychiatric treatment following an incident at in which your instructors stated you were behaving erratically. You were diagnosed with bipolar disorder. You remained in inpatient treatment until 5 May 1999. While you were receiving mental health treatment, your senior drill instructor called your parents to update them on your condition and your parents stated you had a history of such outbreaks. You originally were scheduled to be discharged from the hospital back to home. However, you were instead transferred back to for separation and discharge. On 6 May 1999, you were seen by medical at who noted that you had a long history of bipolar disorder. The medical officer recommended your discharge from the Marine Corps and a screening of your past history for bipolar disorder. The Medical Dispositions Officer noted that, “Subject recruit has a physical condition, which existed prior to enlistment and is disqualifying for Active Duty Service… This condition is disqualifying for active duty service…and would have been disqualifying at MEPS, had all the facts been known at the time of enlistment physical examination. The undisclosed history is bipolar disorder.” On 6 May 1999, you were separated for fraudulent entry into military service and discharged with an uncharacterized discharge. As part of the review process, a qualified military mental health professional reviewed your request for correction and provided the Board with an AO on 14 May 2019. The AO observed that the medical records submitted by you indicate: (a) a family history of bipolar disorder, and (b) that you were hospitalized prior to your military service for a manic episode and prescribed lithium, a medication for bipolar disorder, and that you did not report this hospitalization in your enlistment package. The AO opined there was insufficient evidence that your separation was in error. A copy of the AO was mailed to you on 16 May 2019, and you were given 30 days in which to submit a response. When a response was not received, the Board considered your case on the available information. The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to: (a) your character of discharge and narrative reason of separation is unjust because it was based on inaccurate information provided by your father, (b) that the notation on one of your military medical records of “Past medical history is noncontributory” proves that your previous medical history has no bearing on your diagnosis at that time, (c) that prior to Captain C’s 1999 diagnosis, you never received any diagnoses of any form of mental health disabilities, (d) that you firmly believe that your mental health diagnosis in service is a direct result of your service and should be reflected on your discharge, and (e) that you enlisted in good faith to serve your country, had no prior mental health diagnosis prior to enlistment, and that your good faith enlistment should be reflected on your character of discharge and the narrative of reason for separation. The Board, however, concluded these factors were not sufficient to warrant changing your discharge characterization, narrative reason for separation, or granting any other relief. The Board concurred with the AO that your separation and discharge was not erroneous. Additionally, the Board noted that there is no evidence in the record, and you did not provide any, to substantiate your contention that the information your parents provided about your mental health history was inaccurate. The Board also concluded, contrary to your contentions, that you did indeed have a history of bipolar disorder prior to entering the Marine Corps, even if you had not received a formal diagnosis. Moreover, the Board unequivocally determined that you had a legal, moral and ethical obligation to remain truthful on your enlistment paperwork, which you were not. Had you properly disclosed your mental health history, it would have disqualified you from enlisting. In the end, the Board concluded that you received the correct discharge type, characterization, narrative reason, and reentry code based on the totality of your circumstances. 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 the 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.