DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 3108-19              
Ref: Signature Date 

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. 

A three-member panel of the Board, sitting in executive session, considered your application on 5 March 2020.  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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps on 10 December 2018.  On 12 December 2018, you made a voluntary medical statement in which you described pre-service suicidal thoughts and putting a noose, that you had created using bed sheets, around your neck.  You were recommended for discharge due to fraudulent enlistment because you did not disclose the disqualifying pre-service suicidal behavior.  Subsequently, on 4 January 2019, after being afforded all your procedural rights, you were administratively separated with an uncharacterized entry level separation by reason of fraudulent entry and assigned a RE-3P (failure to meet physical/medical standards) reentry code. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you never attempted suicide, do not have a history of suicidal behavior, and have never been diagnosed or hospitalized for a mental health problem.  The Board considered the documentation and statements submitted on your behalf by your grandfather, a retired Marine Chief Warrant Officer, acting as legal counsel.  Specifically, the Board considered your contention that there is no documentation of you being diagnosed, counseled, hospitalized, or treated for a mental health condition.  Further, the Board considered your contention the psychological evaluation did not diagnose you with a mental health condition but relied upon your pre-service behavior.  The Board also considered your explanation that your pre-service behavior was just “going through the motions” to get your grandfather’s attention or the result of “biological/physical changes in the human body” and not a mental condition.  Additionally, the Board considered the submitted advocacy letters which detailed your accomplishments, qualifications, and capabilities.  Unfortunately, the Board concluded the evidence submitted did not overcome the government’s presumption of regularity.  The Board concluded the action your described in your voluntary medical statement was a suicide attempt and determined there was insufficient evidence of an error or injustice in your assigned narrative reason for separation or RE-3P reentry code to warrant your requested changes. 

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. 

Sincerely,
 
4/4/2020