Docket No: 1728-20 
Ref:  Signature Date 

Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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  
23 November 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 and applicable statutes, regulations and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
  
You enlisted in the Marine Corps and began a period of active duty on 1 November 2016.  On 13 October 2017, you were counseled concerning being diagnosed with an Adjustment Disorder with Mixed Anxiety and Depressed Mood.  You were advised that your condition was not a disability.  Additionally, you were, notified of administrative discharge action for convenience of the government due to a condition, not a disability (Certain Medical Disorders-Adjustment Disorders).  You were informed that the least favorable characterization of service you could receive was General (under honorable conditions).  After you were, afforded your procedural rights, your case was forwarded to the separation authority.  On 26 January 2018, a staff judge advocate found your case to be sufficient in law and fact, and recommended to the separation authority that you receive a general (under honorable conditions) discharge.  On  
2 February 2018, you were, informed that you were not eligible for reenlistment due to your failure to meet the medical qualifications of the Marine Corps, and you would be assigned an RE-3P (Failure to meet physical/medical standards) reenlistment code.  On 6 February 2018, you were discharged from the Marine Corps with a general characterization of service.  However, on 23 April 2019, the Navy Discharge Review Board reviewed your characterization of service and directed that your characterization of service be changed to honorable.  
 
In regards to you being assigned an RE-3P reentry code, you were assigned the most favorable reentry code based on your circumstances.  The RE-3P reentry code may permit reenlistment, but requires that a waiver be obtained from recruiting personnel who are responsible for reviewing the feasibility of satisfying the Marine Corps personnel manning goals by determining whether or not an individual meets the standards for reenlistment.  If you wish to reenlist, re-affiliate, or be reinstated in the Marine Corps, you should contact the Marine Corps  
Recruiting Command via your nearest recruiting facility.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your record of service, medical issues, desire to have your reentry code changed, and assertion that your discharge could have been avoided if your superior had allowed you to heal from your injury you incurred during a practice exercise. The Board also considered your contention that an entry in your medical record erroneously states that you were suffering from a mental health issue due to the terminal illness of your son.  You state that, you did not have any children at the time, nor have you had children, and the statement is fraudulent, and you would like to have the entry removed from your medical records.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief given the reason for your discharge, and fact that a RE-3P reentry code is authorized when a Marine is discharged due to a condition, not a disability, and not recommended for retention, and lack of additional information regarding your claimed medical condition.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
You are entitled to have the Board reconsider its decision upon 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,