DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0666-14/ 0009-18 Ref: Signature date Dear : This is in reference to your reconsideration request received on 13 December 2017. You previously petitioned the Board and were advised in our letter of 1 May 2014 that your application had been denied. Your request for reconsideration was reviewed in accordance with Board of Correction of Naval Records procedures that conform to Lipsman v. Secretary of the Army, 335 F.Supp.2d 48 (D.D.C. 2004). After careful and conscientious reconsideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Because your application was submitted with a new assertion and evidence that was not previously considered, the Board found it in the interest of justice to review your most recent application based on the new basis of injustice. In this regard, your current request was carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session, on 25 February 2019. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, available portions of your naval record and applicable statutes, regulations and policies. Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of service on 1 December 2009. On 2 December 2009, you disclosed you received treatment for depression, anxiety, and attention deficit hyperactivity disorder (ADHD) prior to enlistment. You were subsequently diagnosed with major depressive disorder, anxiety disorder, and ADHD. Subsequently, you were notified of pending administrative separation action by reason of fraudulent entry. After you waived your procedural rights, the discharge authority directed an uncharacterized entry level separation by reason of fraudulent entry. On 8 December 2009, you were discharged and assigned a RE-3P (failure to meet physical/medical standards) reentry code. Your current application requests reconsideration and again seeks an upgrade to your reentry code on the basis of error and injustice. Additionally, you request changes to the separation authority, separation code, and narrative reason for separation. You contend, in part, that you were induced by your recruiter to conceal your prior mental health treatment. Specifically, you contend you were not forthright regarding your use of Adderall to treat your lethargy because the recruiter made it clear to you that he only wanted to know if you were taking “required” medication. You further contend that since your discharge, you have continued seeking a diagnosis for your constant and chronic lethargy and illness and recently your attending doctor determined your symptoms have been the result of Lyme disease. Per the doctor’s report of 21 October 2016, the doctor stated it was his professional opinion that your “previously-undetected longstanding Lyme disease and associated co-infections resulted in your being mis diagnosed with ADHD and other conditions”. The doctor further states that, as a result of being correctly treated for Lyme disease, your condition has stabilized and “it would be appropriate for your military discharge status to be reconsidered”. The Board carefully weighed all potentially mitigating factors, your desire to reenlist, and each of the above contentions. The Board also considered your contention you’ve been informed by several recruiters that your discharge information is preventing your reenlistment but the Board noted you did not submit documentation showing denial of a requested reenlistment. The Board concluded these factors were not sufficient to warrant changing your RE-3P reentry code. An RE-3P reentry code is authorized by regulatory guidance and assigned when one fails to meet physical and/or medical standards. The RE-3P reentry code may not prohibit reenlistment, but requires a waiver be obtained. Recruiting personnel are responsible for determining whether you meet the standards for reenlistment and whether or not a request for a waiver of your reentry code is feasible. Additionally, the Board determined there was insufficient evidence to support a change in your separation code, separation authority, and narrative reason for separation. In the end, the Board concluded you received the correct reentry and separation codes and data. It is regretted that the circumstances of your current reconsideration petition 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 matters. New matters are those not previously presented to or considered by the Board. In the absence of sufficient new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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. Sincerely, 5/15/2019