Docket No. 6398-18 
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was 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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 December 2018. 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.   

A review of your record shows that you entered active duty with the Marine Corps in November 2013. After completing basic training and reporting to your initial command in May 2014, you were allowed to return home on leave later in the year on the occasion of your father’s return from a civilian deployment.  Upon returning to duty in November 2014, you expressed suicidal ideation due to stress and being away from home. You were diagnosed with an adjustment disorder with mixed anxiety and depressed mood on 19 December 2014 by the Operational Stress Control and Readiness psychiatrist and recommended for administrative separation primarily due to your desire to leave the Marine Corps and unwillingness to receive treatment for your condition.  You were medically cleared for separation on 9 January 2015 and notified of administrative separation processing for condition not a disability on 14 January 2015.  On 18 March 2015, you were discharged for condition not a disability with a General characterization of service and issued a RE-3P reentry code.  On 19 May 2016, the Naval Discharge Review Board upgraded your characterization of service to Honorable based on your proficiency and conduct averages during your brief enlistment.  Post-discharge, the Department of Veterans Affairs (VA) rated you a combined 70%. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability or placement on the disability retirement list.  You assert that the VA rated you 50% for the condition you were separated and that your reentry code is incorrect.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined your reentry code of RE-3P is correct based on your failure to meet physical or medical standards.  Since you were diagnosed with an adjustment disorder for which the Marine Corps determined made you unsuitable for continued service, the Board concluded the criteria for a RE-3P reentry code was met in your case and appropriately issued.  Second, the Board concluded you were properly discharged for condition not a disability based on your adjustment disorder diagnosis.  SECNAVINST 1850.4E defines adjustment disorder as a condition that is not considered a disability condition under the Disability Evaluation System (DES).  While a chronic adjustment disorder may be considered a qualifying disability that may be referred to the DES, the Board could find no evidence your condition was diagnosed as chronic.  Therefore, the Board found that your adjustment disorder did not qualify for referral to the DES and you were appropriately discharged by the Marine Corps for condition not a disability.  Third, the Board did not find your VA rating probative since there was no evidence presented that you were unfit for continued naval service due to any of the conditions determined to be service connected by the VA. Eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated.   In your case, the Board found only evidence that you were deemed unsuitable for continued service by the Marine Corps due to your adjustment disorder; a condition that is not eligible for referral to the DES.  The Board found no other medical evidence or performance related issues in your record to support a finding that you were unable to perform the duties of your office, grade, rank or rating due to a disability condition.  In fact, the Board noted that you were able to earn a 4.2 proficiency average during your enlistment which indicated you were able to perform your assigned duties.  In the Board’s opinion, but for your desire to leave the Marine Corps and unwillingness to receive treatment for your adjustment disorder, you could have continued your career despite your adjustment disorder or any other disability conditions that may have existed on the date of your discharge.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence.  New evidence is evidence not previously 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,