DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
       
Docket No:  9941-18               
Ref: Signature date 

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.

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 26 August 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. 

You enlisted in the Marine Corps and began a period of active duty on 17 August 2015.  On 5 June 2016, you suffered a seizure and were diagnosed with conversion disorder.  On 26 October 2016, administrative discharge action was initiated by reason of condition not a disability and your commanding officer recommended that you receive a general discharge under honorable conditions.  You waived your rights to consult with counsel and to submit written statements in rebuttal to the proposed separation.  On 15 December 2016, the separation authority directed that you be separated with an honorable discharge with an RE-3P reentry code.  You received an honorable discharge on 23 December 2016. 

The Board carefully considered your request to change your reentry code to RE-1 based on your civilian physician’s assessment that you as safe to return to active duty.  The Board also considered your assertions that you have not had a seizure since 5 June 2016. 
The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code.  The Board noted that there was no material error because the code was correct at the time it was issued and there is no injustice because this reentry code is waivable by services, should you choose to reenlist. 

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. 

Sincerely, 


10/14/2019