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Decision Text

NAVY | BCNR | CY2001 | 02039-00
Original file (02039-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 203704100

ELP
Docket No. 2039-00
22 August 2000

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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 August 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.

Your allegations of error and

After careful and conscientious considerationof the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Marine Corps on
2 November 1992 for four years as a PFC (E-2).
reflects that you were advanced to LCPL (E-3), received a
meritorious mast, and had no disciplinary actions during your
You were honorably discharged on 5 January
period of service.
1994 by reason of physical disability and assigned an RE-3P
The facts and circumstances surrounding your
reenlistment code.
disability were not in the records made available for the Board's
review.

The record

An RE-3P reenlistment code means that an individual has failed to
meet physical/medical standards but is recommended for
reenlistment except for the disqualifying factor which led to
discharge.
or Reserve Officer Training Corps officials if they can be
-
convinced the medical condition which led to discharge no longer
exists.
rests with the branch of service in which an application for

However, the authority to waive a reenlistment code

This reenlistment code might be waived by recruiting

reenlistment is made and not with this Board.
the most favorable reenlistment code authorized for the reason
you were discharged and were treated no differently than others
separated under similar circumstances, the Board could find no
error or injustice in your assigned reenlistment code.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

Since you received

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.
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,

W. DEAN PFEIFFER
Executive Director

2



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