Docket No: 7532-20 
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.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
Your application was filed in a timely manner and the Board found it in the interest of justice to consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. 
  
You enlisted in the Marine Corps and began a period of active duty on 25 July 2016.  On 15 November 2018, you were issued a retention warning for a two-hour Unauthorized Absence.  On 13 December 2018, nonjudicial punishment (NJP) was imposed on you for two Unauthorized Absences.  On 17 January 2019, you were diagnosed with Adjustment Disorder.  Subsequently, administrative separation action by reason of Condition Not a Disability, was initiated against you.  On 22 January 2019, you consulted counsel and waived your right to submit statements.  On 1 April 2019, you were discharged with a General discharge and an RE-3P reentry code. 
 
You requested an upgrade of your reentry code. You said you were an outstanding Marine who stood out against your peers for the correct reasons.  You asserted you were put in leadership roles at your permanent duty station.  You also asserted your pregnant wife left you, which caused stress and sleeping issues, which led to your being late for work multiple times.  You admitted this time was your greatest wrongdoing and your command did not know how to support me.  You also asserted you went to the psychiatric ward and were then sent back to your unit.   Finally, you asserted that RE-3P prevents you from rejoining the Marine Corps.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your diagnosis, which resulted in administrative separation due to a Condition Not a Disability.  In addition the Board noted that RE-3P is a waivable code, subject to the discretion of the Marine Corps.  The Board noted that you provided no evidence to support your application for upgrade.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  The Board also noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of discharge. 
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
 
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,