Docket No: 3642-19 
Ref:   Signature Date  
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF              , USMC 
  
Ref:   (a) 10 U.S.C. § 1552 
           
Encl:  (1) DD Form 149 (NR20190003642) 
       (2) Case Summary 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board, requesting correction to her reentry (RE) code of RE-4.  Enclosures (1)-(2) apply. 
 
2.  The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 28 July 2020, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval service records, and applicable statutes, regulations, and policies, and the applicable Advisory Opinion. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows:   
 
    a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
    b.  It is in the interest of justice to review the application on its merits.   
 
    c.  Petitioner enlisted in the Marine Corps and served honorably from 15 May 2017 to 28 December 2017.  Petitioner was discharged on the basis of a Condition, Not a Disability, and received a reentry (RE) code of RE-04. 
 
    d.  Prior to Petitioner’s discharge, on 6 December 2017, she was diagnosed with Acute Adjustment Disorder. 
 
    e.  Petitioner requests a change to her RE-4 code and asks that the code be removed so that she may rejoin the military.  She states that she does not believe that her in-service medical record accurately reflects the symptoms that she experienced.  She asserts that she started to experience anxiety due to the news of her guardian being diagnosed with cancer and her guardian’s subsequent treatment.  She states that her in-service mental health conditions were due to specific family stressors.  She asserts that she no longer has any mental health conditions and now wishes to re-enlist. 
 
    f.  Petitioner provides post-discharge medical records including a 10 October 2019 letter from  Center which reports that at no time during the two-hour intake process did Petitioner present any diagnostic criteria. 
 
    g.  As part of the review process, a Physician Advisor reviewed Petitioner’s request along with her application and the available information from her record, and issued an Advisory Opinion dated 18 June 2020.  The Physician Advisor’s Advisory Opinion states that based on the available evidence, it is his considered opinion that Petitioner has provided evidence that the psychological stressors that resulted in her Adjustment Disorder diagnosed during her first enlistment have resolved and she no longer exhibits any symptoms indicative of a diagnosable mental health condition. 
 
    h.  It is noted that Petitioner was given 30-days from the 22 June 2020 to submit additional information to the Board in consideration of the Advisory Opinion.  Since the Advisory Opinion was favorable to Petitioner and the information was not provided within the 30-day period, the additional information was not considered by the Board. 
 
CONCLUSION: 
 
The Board reviewed Petitioner’s available record, application, and the favorable Advisory Opinion.  The Board carefully weighed Petitioner’s contentions and the evidence she provided, and substantially concurred with the findings of the Advisory Opinion.  The Board determined that Petitioner’s in-service diagnosis appears to have been made without error or injustice, and should remain in her record as it is reflective of a properly issued medical determination.  However, the Board found that the RE-4 code should be changed to account for the resolution of Petitioner’s mental health condition.  Accordingly the Board determined that Petitioner is entitled to relief in the form of a change to her RE code from RE-04 to RE-3P.   
 
The Board noted that Petitioner was discharged on the basis of a condition, not a disability.  Pursuant to MCO 1900.16 series, an RE-3P is assigned when a Marine fails to meet physical/medical standards.  In consideration of the basis for Petitioner’s discharge (condition, not a disability), the Board determined that an RE-3P is appropriate.  The Board also noted that an RE-3P is a waivable code, which does not preclude Petitioner from seeking reenlistment.    
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a correction to her DD Form 214 indicating a reentry code of RE-3P. 
 
That no further changes be made to Petitioner’s record. 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 29 March 2019. 
 
4.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.