Docket No: 6680-20
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. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
Although you did not file your application in a timely manner, the statute of limitation was waived in accordance the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 7 December 2020.  The names and votes of the panel members 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 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 the Marine Corps and began a period of active duty on 21 September 2015.  On 21 June 2016, you told a medical officer of suicidal ideations.  You were counseled that assistance was available through Behavioral Health, the Chaplain, and chain of command.  On 30 June 2016, you were diagnosed with Adjustment Disorder, Unspecified and counseled to seek assistance from Behavioral Health, the Chaplain, and chain of command.  On 27 July 2016, you were counseled that you failed to show improvement from treatment and again directed to seek assistance from Behavioral Health, the Chaplain, and chain of command.  Subsequently, administrative separation action by reason of Condition Not a Disability was initiated.  On 17 August 2016, you submitted a statement to your Commanding Officer (CO) explaining why you no longer desired to remain in the Marine Corps.  You stated you were depressed at Fort Lee, made mistakes that caused the NCOs to punish the entire platoon, had recently lost your best friend in a tragic accident, and your father was sick.  In the statement you further stated you had experienced suicidal ideations, and did not want to remain in the Marine Corps.  Subsequently, administrative separation action by reason of Condition – Not a Disability, was initiated.  On 12 August 2016, you waived your right to counsel.  On 9 September 2016, your Battalion CO recommended you be administratively separated with a General discharge.  On 19 September 2016, the Separation Authority directed you be administratively separated with a General discharge.  On 23 September 2016, you were discharged with a General discharge.   
 
You requested that your reentry code be changed.  You stated you were young and made a mistake in separating from the U.S. Marines.  You asserted you would like a second opportunity to return to the Armed Forces.  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 age at the time of discharge, desire to upgrade your reentry code, and desire to return to the Armed Forces.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  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,