Docket No: 1852-20
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 for Correction of Naval Records, sitting in executive session, considered your application on 18 December 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 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo) and 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 Marine Corps on 28 June 2010.  In November 2011 your command initiated administrative discharge action by reason of convenience of the government, specifically, due to condition not a disability.  Unfortunately, the administrative separation notification and statement of awareness/election of rights documentation is not in your service record.  However, the Board relied on a presumption of regularity to support the official actions of public officers.  In the absence of substantial evidence to rebut the presumption, to include evidence submitted by you, and given the narrative reason for separation and corresponding separation code as stated on your DD Form 214, the Board presumed that you were properly processed for separation and discharged from the Marine Corps for a condition not a disability.  Ultimately, on 22 March 2012 you were discharged from the Marine Corps with a “general (under honorable conditions)” characterization of service and assigned an RE-3P reentry code.  On 19 December 2013 the Naval Discharge Review Board (NDRB) upgraded your discharge to an honorable characterization of service based on your performance as documented in your service record.  In this regard, you were assigned the correct characterization and reentry code based on your factual situation.  The NDRB, however, did not make any other changes to your DD Form 214.  
 
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 contentions that (a) though your time in the Marine Corps was short you believed you served honorably, (b) you were discharged from your battalion for medical reasons after you fell into a depression and was deemed unfit, (c) you were outcast by your peers and NCOs, (d) a recruiter informed you that your RE-3P reentry code makes you ineligible to reenlist, (e) you believe your reentry code was an injustice, and (f) you would like to upgrade your reentry code so you are eligible to serve in the USMC Reserve.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.   
 
The Board determined that your Marine Corps service records and DD Form 214 maintained by the Department of the Navy (DoN) contain no known errors.  Additionally, the Board observed that in the Marine Corps, the RE-3P reentry code means “failure to meet physical/medical standards,” and is used in cases such as yours involving conditions (not amounting to a physical disability) which interfere with the performance of duty, absent any evidence to the contrary.  The Board concluded that you received the correct reentry code, and that such action was in accordance with all DoN directives and policy at the time of your discharge and that these aspects outweighed the mitigating factors.  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,