Docket No: 4263-19 
Ref: Signature Date 
 
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 25 June 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. 
 
Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their 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 on 14 October 2003.  On 20 November 2003, you were dropped from training due to knee pain, and it was discovered you had failed to disclose your diagnosis of Osgood Schlatter from six years prior to your entry.  On 15 December 2003, you were referred to the Mental Health Unit for a suicide gesture and self-mutilation after carving “gratis” into your left forearm.  You were diagnosed with borderline personality disorder and recommended for entry level separation (ELS) due to unsuitability.  Subsequently, you were notified of pending administrative separation action by reason of defective enlistment-fraudulent enlistment.  You waived your procedural rights except to obtain copies.  Your commanding officer recommended an uncharacterized (UNCHAR) ELS by reason of Entry Level Performance and Conduct.  The discharge authority approved the recommendation for discharge but directed discharge with an UNCHAR ELS by reason of defective enlistment and induction due to fraud, borderline personality disorder and suicidal ideation.  You were discharged with an UNCHAR ELS on 24 December 2003 and assigned an RE-3F (failure to complete recruit training) reentry code. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you have recently discovered that your record reflects you were discharged due to fraudulent entry when “there was nothing fraudulent with my enlistment, no pre-existing conditions existed.”  You further contend the “proper processing” did not occur because you had one appointment with a Navy doctor, which would not be considered a “fair assessment,” and the decision for discharge was never discussed with you.  The Board also considered your contention you were told you would be receiving an ELS “without consequence to my record” and “I would have the ability to reenlist in another branch.”  Lastly, the Board considered your express desire to reenlist in the National Guard and “redeem myself.” 

Unfortunately, after careful consideration of your contentions, the Board concluded relief was not warranted in your case because your narrative reason for separation accurately reflects the circumstances of your ELS because you did not disclose your pre-service Osgood Schlatter diagnosis or your history of “chronic suicidal ideations” and “acts of self-mutilation.”  Further, a RE-3F reentry code is the authorized and appropriate code when an individual does not complete recruit training.  In the end, the Board concluded you received the correct reentry code and were appropriately discharged due to fraudulent entry into military service. 
 
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,