Docket No: 3674-20 
Ref: Signature Date 
 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER  
           XXX-XX-, USMCR 
 
Ref:   (a) 10 U.S.C. § 1552 
       (b) SECDEF memo of 3 Sep 14, “Supplemental Guidance to Military Boards for  
           Correction of Military/Naval Records Considering Discharge Upgrade Requests by  
           Veterans Claiming PTSD”   
       (c) PDUSD memo of 24 Feb 16, “Consideration of Discharge Upgrade Requests Pursuant  
           to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI”  
       (d) PDUSD memo of 25 Aug 17, “Clarifying Guidance to Military Discharge Review   
           Boards and Boards for Correction of Military/Naval Records Considering Requests by  Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual  
           Assault, or Sexual Harassment” 
       (e) USD memo of 25 Jul 18, “Guidance to Military Discharge Review Boards and Boards 
           for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency 
           Determinations” 
 
Encl:  (1) DD Form 149 (NR20200003674) 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that the Board change his reenlistment (RE) code from RE-3P to RE-1.  References (b)-(e) apply. 
 
2.  The Board consisting of  reviewed Petitioner’s allegations of error and injustice on 7 December 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s 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), the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel 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).   
  
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.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.   
 
    c.  Petitioner enlisted in the Marine Corps Reserve and completed a period of honorable active duty from 18 February 2003 through 2 August 2003. 
 
    d.  On 25 January 2007, Petitioner was notified of administrative separation proceedings initiated against him on the basis of a Personality Disorder diagnosis.   
 
    e.  On 4 March 2007, Commanding Officer,     recommended that Petitioner be discharged on the basis of the Convenience of the Government due to Personality Disorder.  The Commanding Officer cited a letter provided by  clinical psychologist which strongly recommended separation for unsuitability for further service.  The Commanding Officer’s letter noted that the least favorable characterization of service Petitioner could receive was a general discharge. 
 
    f.  On 22 April 2008,  Marine Forces Reserve recommended Petitioner for administrative separation on the basis of Convenience of the Government/Personality Disorder.  Petitioner’s discharge was reviewed by the Staff Judge Advocate and found to be legally and factually sufficient.  Petitioner was discharged from the Marine Corps Reserve on 9 June 2008 on the basis of Personality Disorder under MARCORSEPMAN para. 6203.3, and received a general discharge and reenlistment code of RE-3P. 
 
    g.  Following his discharge, Petitioner applied to the Naval Discharge Review Board (NDRB) for an upgrade to his discharge characterization from general to honorable.  On 16 February 2012, NDRB determined by a vote of 3 to 2 that Petitioner’s discharge should be upgraded from a general characterization of service to an honorable discharge. 
 
    h.  In the application to the Board, Petitioner requests that his RE-3P be changed to an RE-1.  Petitioner contends that his RE-3P is categorized as a physical disability and therefore he is not eligible for reenlistment.  Petitioner asserts that he was never informed of a physical disability that led to his discharge.  Petitioner also states that the RE-3P keeps him from attaining a federal career of choice despite being physically willing and able to do the job. 
 
    i.  The Board, in its review of Petitioner’s entire record and application, carefully weighed Petitioner’s contentions including that he was erroneously assigned an RE-3P due to a physical disability and that the RE-3P is impacting his federal civilian career. 
 
CONCLUSION 
 
The Board reviewed the administrative separation proceedings initiated against Petitioner in January 2007 and noted that medical documentation dated 24 May 2005 was referenced in the 22 April 2008 recommendation for administrative separation.  The Board concluded that Petitioner’s service record supports a determination that Petitioner was discharged on the basis of a Personality Disorder rather than a physical disability.  The Board determined that the RE-3P was appropriately assigned to Petitioner following a diagnosis of Personality Disorder.  The Board found that Petitioner’s RE-3P was issued without error or injustice.   
 
The Board found, however, that the reference to a Personality Disorder on Petitioner’s discharge documents disclose a medical diagnosis and therefore should be corrected as a matter of justice.  The Board determined that Petitioner’s discharge documents should be changed to remove a reference to a Personality Disorder and reflect a discharge on the basis of Secretarial Authority.  
 
RECOMMENDATION: 
 
That an entry be made in Petitioner’s record to indicate that he was discharged from the Marine Corps Reserve on 9 June 2008 with an honorable characterization of service, narrative reason of  “Secretarial Authority,” separation authority of “MARCORSEPMAN PAR 6421,” a separation code of “JFF1,” a reenlistment code of “RE-3P,” and that no further corrective action should be taken.  
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
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 Regulation, 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
 
1/22/2021
Executive Director