DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8168-20 Ref: Signature Date 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. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 8 January 2021. 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 the 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 Marine Corps on 15 December 2008. On 28 July 2009 you received non-judicial punishment (NJP) for unauthorized absence lasting twenty-nine days. Following your NJP, 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 5 August 2009 you were discharged from the Marine Corps with a “general (under honorable conditions)” (GEN) characterization of service and assigned an RE-3P reentry code. In this regard, you were assigned the correct characterization and reentry code based on your factual situation. 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) you contracted a bacterial staph infection, (b) such infection began to deteriorate and affect your performance and duties, and (c) you needed to seek more in-depth medical attention for this infection and this resulted in your GEN discharge. Based upon this review, however, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, 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. The Board observed you admitted in your petition that your medical condition began to affect your performance and duties. Thus, the Board relied on the presumption of regularity and determined that your medical condition was of sufficient severity that it rendered you unsuitable for continued military service and warranted your administrative separation. Moreover, the Board did not believe that your record was otherwise so meritorious to deserve an honorable discharge. The Board believed that, even though flawless service is not required for an honorable discharge, in this case a GEN discharge is appropriate. Lastly, even in light of the Wilkie Memo and reviewing the record holistically, given the totality of the circumstances the Board determined that your request does not merit relief. 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 also noted that your RE-3P reentry code may not prohibit reenlistment, but requires that a waiver be obtained. Lastly, absent a material error or injustice, the Board generally will not summarily make changes to service records solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities. Accordingly, the Board concluded that you received the correct discharge characterization and reentry code based on your overall circumstances and that such characterization and reentry code were in accordance with all DoN directives and policy at the time of your discharge. 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, 1/24/2021 Executive Director