DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 0413-19             
Ref: Signature date 

Dear 

This letter 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 that 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 7 October 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 14 November 2011.  On 25 June 2012, you were counseled for make false official statements and malingering.  On 10 July 2012, you were counseled for unauthorized absence and again making false official statements.  On 17 July 2012, you were counseled for a referral to the mental health unit due to your pattern of unauthorized absences, whereafter it was determined that you had an adjustment disorder which was incompatible with continued military service.  You were also determined to be a risk to yourself or others if retained on active duty.  Subsequently, administrative discharge action was initiated by reason of your personality disorder.  On 7 August 2012, you were counseled on your failure to take corrective action, as previously counseled, regarding your continued pattern of unauthorized absences.  The following day you submitted a written stating that you felt joining the Marine Corps was “the worst decision of [your] life,” that you were “lazy and thought that the Marine Corps was different,” that “very different views than the Marine Corps,” that you “just want to be doing things on [your] own time and at [your] own will,” and that you did not desire to remain in the Marine Corps.  On 18 September 2012, your commanding officer (CO) notified you of administrative separation proceedings, at which point you waived your procedural rights.  On 19 September 2012, your CO recommended that you be separated from the naval service with an honorable characterization of service by reason of convenience of the Government, condition not a disability, adjustment disorder.  On 5 October 2012, the separation authority concurred with your CO’s recommendation and approved your administrative discharge.  On 11 October 2012, you were so discharged with an honorable characterization of service, with a narrative reason for separation of condition not a disability, and a reentry (RE) code of RE-4.  

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code and your contention that you were told that your RE-4 reenlistment would allow you to reenlist.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your psychological condition, which resulted in administrative separation for the convenience of the Government.  The Board also noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention. 

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, 


11/22/2019