DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3314-19 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 9 September 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 22 August 2005. On 26 January 2006, you were referred to medical due to suicidal ideations and depression. You were diagnosed with an adjustment disorder (depressed mood/personality disorder). You were counseled concerning your condition, advised regarding administrative separation, and you opted to not make a rebuttal statement. On 14 February 2006, you made a mental health statement that read, in part: “I joined Marine Corps because my father didn’t want me to. I have always had the disorder, but it wasn’t as extreme as now and it peaked around timeframe of boot camp graduation. It doesn’t allow me to respond to things as fast, I’m not really thinking about what we’re doing out in the field.” In the non medical assessment, your commander noted you lacked motivation and that you did not want to be a Marine. Your commander expressed concern that your attempted suicide made you be a danger to yourself and others. On 1 March 2006, administrative discharge action was initiated and you elected not to consult with counsel before waiving your rights. Your commanding officer recommended that you receive an honorable discharge. On 10 March 2006, you received an honorable discharge with the reenlistment (RE) code RE-3P. You requested the Board change your RE code to allow you to enlist in the Air National Guard. You asserted a RE-3P implies a physical disability and provided a definition of physical disability: “includes conditions that affect movement, that is an individual’s gross motor control of mobility (e.g., walking, standing) and fine motor control (e.g., writing).” You stated that your personality disorder “was not thoroughly related to my understanding” and that “according to , a mental illness refers to a wide range of mental conditions – disorders that affect your mood, thinking and behavior. Many people have mental health concern from time to time but it is not a permanent condition.” You listed your post-service accomplishments of raising two sons and graduating from a university with a 3.6 GPA in with a degree in exercise physiology, all while working a full time job. You added “Someone who suffers from a disorder as I was classified with would not be able to substain [sic] the grades, family, and job that I was able to.” The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but found no error or injustice. The Board noted you were counseled about your condition and administrative separation. Furthermore, during service you identified your condition as preexisting your enlistment. The Board noted your post-service accomplishments, however, but did not find them dispositive of the RE-3P. 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, 10/18/2019