Dear : 
 
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 11 June 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in Marine Corps on 14 October 2008.  On your pre-enlistment physical, you denied any psychiatric/behavioral issues including depression or excessive worry, attempting suicide, or nervous trouble (anxiety or panic attacks).  On 9 February 2010, you were issued a “Page 11” counseling warning (Page 11) documenting your 1 February 2010 diagnosis of an adjustment disorder with depressed mood.  Specifically, the Page 11 noted that your disorder was not a disability, and that a failure to take corrective action may result in administrative separation.  You chose not to make a written rebuttal statement. 
 
On 9 April 2010, you were issued a Page 11 acknowledging that you were being processed for administrative separation due to a condition (not a disability).  You chose not to make a written rebuttal statement. 
 
On 21 April 2010, your command initiated administrative discharge action by reason of convenience of the government (COG), specifically, due to a condition not a disability.  The factual basis for the separation was your 31 March 2010 diagnosis of depression not otherwise specified that existed prior to entry in military service.  You expressly waived your rights to consult with counsel and include a rebuttal statement to your proposed separation.  Your Commanding Officer (CO) recommended your separation with an honorable characterization of service.  In his endorsement, your CO stated: 
 
“On 8 March 2010,  reported to medical for psychiatric evaluation.  The clinical impression of Dr.  staff psychiatrist, Naval Hospital  is that he suffers from an Axis I Adjustment Disorder with Depressed mood, was to be re-evaluated in 30 days.  On 31 March 2010,   was reevaluated by , staff psychologist, Naval Hospital  and his clinical impressions were that  suffered from an Axis I Depression Not Otherwise Specified that Existed Prior to Enlistment.” 
 
On 27 April 2010, the CO of Marine Aviation Training Support Group-21 approved and directed your separation with an honorable discharge due to a condition not a disability coupled with an “RE-4” reentry code (not recommended for reenlistment).  Ultimately, on 30 April 2010, you were discharged from the Marine Corps with an honorable characterization of service and assigned an RE-4 reentry code.  On 11 July 2013, your reentry code was changed to “RE-3P” by Headquarters Marine Corps (HQMC).  HQMC determined that you never signed a Page 11 assigning you an RE-4 reentry code and that your record indicated you were never the subject of any disciplinary action.  In this regard, HQMC assigned you the correct revised reentry code based on your factual situation. 
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to:  you were diagnosed with dysthymia and believe that to be erroneous, that you were honorably discharged and have a good conduct medal (GCM), and that you have never had trouble adapting to the military environment and were not a conscientious objector.  However, the Board concluded these factors were not sufficient to warrant changing your reentry code to a non-waivable code or granting any other relief.  The Board determined that your medical conditions were of sufficient severity that they rendered you unsuitable for continued military service and warranted your administrative separation. 
 
The Board noted, contrary to your contentions, that you did not earn the GCM.  The GCM requires three years of continuous active duty service to be eligible.  Unfortunately, even though you received an honorable discharge, the Board noted you served just shy of nineteen months on active duty and thus didn’t qualify for the GCM based on your length of service.  The Board also noted that you have no less than three psychiatric evaluations in your service record diagnosing you with mental health disorders, thus, the Board determined that your diagnoses were not erroneous. 
 
Additionally, the Board observed that in the Marine Corps, the RE-3P reentry code means “failure to meet physical/medical standards,” and is used in cases such as yours involving conditions (not amounting to a physical disability) which interfere with the performance of duty, absent any evidence to the contrary.  The Board also noted that your RE-3P reentry code may not prohibit reenlistment, but requires that a waiver be obtained.  Recruiting personnel are responsible for determining whether you meet the standards for reenlistment and whether or not a request for a waiver of your reentry code is feasible.  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 the 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. 
 
Sincerely,                                                                              7/20/2020