DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4700-18 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 22 July 2019. 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 20 May 2019 advisory opinion (AO) furnished by a qualified Navy mental health professional. You enlisted in the Marine Corps and began a period of active duty on 5 July 2016. You were evaluated by the Operational Stress Control and Readiness Team psychologist on 14 July 2017 following an incident while you were on leave. The psychologist recommended that you be administratively separated from the Marine Corps due to adjustment disorder with depressed mood. On 31 August 2017, administrative discharge action was initiated to separate you from the Marine Corps for the convenience of the government due to a condition, not a disability. Although you elected to submit a written statement, there was no statement from you in your service record. On 13 December 2017, your case was forwarded to the separation authority with the recommendation that you receive a general (under honorable conditions) discharge. Your commanding officer noted that you had requested a personal audience with the commanding general to personally appeal for retention in the Marine Corps, but it does not appear that the commanding general granted your request to speak with him. On 3 January 2018, the separation authority directed that you received a general discharge due to a condition, not a disability. On 5 January 2018, you were informed that you were not eligible for reenlistment, and being assigned an RE-3P reentry code. On 19 March 2018, you received a general (under honorable conditions) discharge with an RE-3P (condition, not a disability) reentry code. A qualified Navy mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that your discharge was based on a false diagnosis of depression. The AO noted, in part, that you submitted no evidence of an error in diagnosis, aside from your statement. In service, you were determined to be suffering from an adjustment disorder with depressed mood due to personal stressors. You were evaluated by a competent medical authority who determined that your risk for repeated behavior was too great to recommend that you remain in the military. Additional records, such as post-service medical records describing your coping across a range of stressors and techniques that you have learned to respond differently in the face of unexpected stressors are required to render an alternate opinion. Based on the preponderance of the evidence, the AO opined there was insufficient evidence to attribute your reentry code to an error in diagnosis. A copy of the AO was mailed to you on 30 May 2019, and you were provided 30 days in which to submit a response. When no response was received, your application was considered on the evidence of record. The Board found that you were assigned the most favorable reentry code based on your circumstances. The RE-3P reentry code does not prohibit reenlistment, but requires a waiver be obtained from recruiting personnel who are responsible determining whether or not an individual meets the standards for reenlistment. Given this information, and the AO, the Board found no material error or injustice in your discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the 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.