Docket No: 1290-20  
Ref: Signature date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) 10 U.S.C. §1552 
Encl: (1) DD Form 149 

1. Pursuant to the reference, Petitioner, filed the enclosure with this Board requesting that his RE-3P reentry code be changed to RE-1 on his Certificate of Release of Discharge from Active Duty (DD Form 214), so that he may be allowed to reenlist in the Marine Corps.  He is alleging his mental health diagnosis was incorrect. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 April 2020, 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, relevant portions of is 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.  Petitioner enlisted in the Marine Corps and began a period of active service on 11 June 2018.  On 7 January 2019, a medical officer reviewed his medical records and diagnosed him with Adjustment Disorder with Mixed Anxiety and Depressed Mood and he was recommended for discharge.  On 17 January 2019, his Commanding Officer notified him that he was being administrative separated from the Marine Corps for a condition not a disability.  He was informed of his procedural rights.  He elected to waive his right to consult with counsel, and elected to submit a written statement.  On 22 February 2019, the separation authority directed that Petitioner receive an honorable discharge due to a condition, not a disability and assigned him an RE-3P reentry code.  He was so discharged on 27 February 2019. 

c.  Petitioner submitted character letters and a personal statement that he was temporarily depressed during his military service due to family matters and was never suicidal or homicidal. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  The Board’s decision is based on Petitioner’s contention that he suffered from no mental health condition, but was temporarily depressed over the loss of close family members.  The Board was unable to reasonably conclude that his mental health condition existed at the time of his discharge. 

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 

Petitioner’s naval record be corrected to show that his reentry code is “RE-1.” 

Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. 

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 31 January 2020. 

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 for Correction of Naval Records (32 Code of Federal Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.