DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No.1413-19 Dear : This is in reference to your application of 14 January 2019 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 5 March 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 Marine Corps and began a period of active duty on 19 October 2015. On your pre-enlistment physical, you denied any medical surgical, or mental health history or concerns. On 20 April 2016, you were issued an Administrative Remark (Page 11) counseling, documenting your unsatisfactory performance. Specifically, the Page 11 noted that you were involuntarily dropped from the School after failing three exams, and that on 1 April 2016 after failing your 3rd exam, an academic review board convened and determined to drop you as an academic failure. You chose not to make a written rebuttal statement. On 7 June 2018, you were issued a Page 11 counseling documenting your medical diagnosis of an adjustment disorder with depressed mood. You were given specific recommendations to comply with the treatment plan and instructions as provided by health care provider, medical personnel, and psychologist. Additionally, you were given specific recommendations to be responsible for your actions, exercise good judgment, to comply with Marine Corps standards, and to obey all laws. You were advised that a failure to take corrective action may result in judicial or adverse administrative action, including administrative separation. You chose not to make a written rebuttal statement. On 19 July 2018, your command initiated an administrative action to separate you from the naval service for convenience of the government (COG), specifically, due to condition not a disability. The factual basis for the separation was your Adjustment Disorder diagnosis on 2 June 2018 by a medical provider authorized to perform separation evaluations. You consulted with counsel, but you expressly waived your right to include a rebuttal statement to your proposed separation. Your Commanding Officer (CO) recommended your separation with a general (under honorable conditions) (GEN) characterization of service. In addition to your administrative separation notification, you also received a second “Page 11” warning documenting your Adjustment Disorder and you acknowledged that you were being processed for an administrative separation. You chose not to make a written rebuttal statement. On 31 July 2018, the CO of Marine Corps Air Station approved and directed your separation with a GEN discharge due to a condition not a disability coupled with an RE-4 reentry code (not recommended for reenlistment). On 1 August 2018, you received a “Page 11” warning notifying you that you will be assigned an RE-4 reentry code due to your Adjustment Disorder. On 7 August 2018, you were discharged from the Marine Corps with a general characterization of service and assigned an RE-4 reentry code. In this regard, you were assigned the correct characterization and reentry code based on your factual situation. The Board carefully weighed all potentially mitigating factors in your case, such as your contentions that included, but were not limited to: that you believe the record reflects a dishonorable discharge when in fact you received a GEN discharge, that you feel that the reentry code is unfit and unsatisfactory to the discharge you were awarded, and that you miss the military and would like to affiliate with the National Guard to serve your community and your country. However, the Board concluded these factors were not sufficient to warrant changing your reentry code or granting any other relief. The Board determined that your Adjustment Disorder was of sufficient severity that it rendered you unsuitable for continued military service and warranted your administrative separation. Accordingly, the Board concluded that you received the correct reentry code, and that such action was in accordance with all Department of the Navy directives and policy at the time of your discharge. Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 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.