DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
              
Docket No: 5173-21 
Ref: Signature Date 
 
              
Dear Petitioner: 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 1 September 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Marine Corps and began a period of active duty on 27 July 2015.  On 15 February 2018, you were psychologically evaluated and subsequently diagnosed with an adjustment disorder and recommended for administrative separation.  On 12 March 2018, you were notified that you were being recommended for administrative discharge from the Marine Corps.  You were advised of, and waived, your procedural right to consult with and be represented by military counsel.  Your commanding officer (CO) then forwarded your administrative separation package to the separation authority (SA) recommending administrative discharge from the Marine Corps with a general (under honorable conditions) characterization of service.  The SA approved the CO’s recommendation and directed your administrative discharge from the Marine Corps with a general (under honorable conditions) characterization of service by reason of condition, not a disability and assigned a reenlistment code of RE-3P.  On 27 April 2018, you were so discharged.  On 29 October 2020, the Naval Discharge Review Board (NDRB) upgraded the characterization of your discharge to honorable with no changes to your narrative reason for separation, separation program designator and reenlistment code. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to change your reenlistment code so you may reenlist into the Marine Corps.  The Board noted that you did not submit any documentation or advocacy letters in support of your application to be considered for clemency consideration. 
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  In this regard, the Board discerned no procedural defect, impropriety, or inequity in your assignment of an RE-3P reentry code, and determined the assignment of your RE-3P reentry code was appropriately assigned in accordance with authorized regulatory guidance.  Additionally, an RE-3P reentry code does not prohibit reenlistment, but requires that a waiver be obtained from Marine Corps recruiting personnel who are responsible for reviewing the feasibility of satisfying the Marine Corps’ personnel manning goals by determining whether an individual meets the standards for reenlistment.  If you wish to reenlist, re-affiliate, or be reinstated in the Marine Corps, you should contact the Marine Corps Recruiting Command via your nearest recruiting facility.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
You are entitled to have the Board reconsider its decision upon 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, 
9/15/2021
Executive Director