DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 7100-14
17 August 2015
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
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 for Correction of Naval Records,
sitting in executive session, considered your application on
6 July 2015. 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, your naval record, and applicable statutes,
regulations, and policies.
Further, regarding your request for a personal appearance, be
advised that Board regulations state that personal appearances
before the Board are not granted as a right, but only when the
Board determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of record.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps, began a period of active duty
on 27 January 2002, and served without disciplinary incident
until your discharge on 24 October 2003. Although the discharge
documentation is not in your record, it appears that
administrative separation action was initiated by reason of
personality disorder.
The Board, in its review of your application and record
(although incomplete), carefully weighed all potentially
mitigating factors, such as your period of satisfactory service
and your desire to upgrade your narrative reason for separation
and reentry code. The Board also considered your assertion that
you have never had a personality disorder, that you were wrongly
rated, and your recent medical diagnosis of adjustment disorder
with mixed anxiety and depressed mood and post-traumatic stress
disorder (PTSD). Nevertheless, the Board concluded these
factors were not sufficient to warrant a change of your
narrative reason for discharge and reentry code. In the absence
of discharge documentation in your record, the board must
presume regularity with all official records, to include the
documented reason for separation on your Certificate of Release
or Discharge From Active Duty (DD Form 214). The Board noted
that the medical documentation containing your self-reported
instances of self-mutilation while on active duty may have
contributed to the diagnosis of personality disorder and
subsequent discharge. Finally, the Board noted that an RE-3P
reentry code is authorized by regulatory guidance and may not
prohibit reenlistment or commissioning, but requires that a
waiver be obtained from recruiting personnel who are responsible
for determining whether you meet the requirements for reentry.
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 submission of new and
material evidence or other matter not previously considered by
the Board within one year from the date of the Board’s decision.
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.
Sinceyely,
Executive Director
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