Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 10223-02
Original file (10223-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No: 10223-02
21 February 2003



This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the 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 6 February 2003. 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.

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

The Board noted that you were assigned a reenlistment code of RE-3P to indicate that you require a waiver of physical disqualification in order to become eligible for reenlistment. The improvement in your condition which has occurred since you were discharged, while relevant to the issue of your physical qualification for military service at this time, has little relevance to the question of your fitness for military service on 6 April 1990, when you were discharged. In the absence of evidence which shows that you were physically qualified for further service at that time, and that your discharge by reason of physical disability was therefore erroneous, there is no basis for changing your reenlistment code. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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

Similar Decisions

  • NAVY | BCNR | CY2002 | 06656-02

    Original file (06656-02.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2003. In the absence of evidence which shows that you were physically qualified for further service at that time, and that your discharge by reason of physical disability was therefore erroneous, there is no basis for changing your reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...

  • NAVY | BCNR | CY2003 | 05850-03

    Original file (05850-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The reenlistment code was assigned based on his overall record and means that he did not meet the physical/ medical standards for reenlistment at the time of separation. The reenlistment code assigned by the Marine...

  • NAVY | BCNR | CY2006 | 02522-06

    Original file (02522-06.rtf) Auto-classification: Denied

    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.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 Navy on 14 January 2003 at age 20. on 28 January 2003 you were referred for a...

  • NAVY | BCNR | CY2003 | 06336-03

    Original file (06336-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 10 September 2003. 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. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 18 July 2003, a copy of which...

  • NAVY | BCNR | CY2003 | 02955-03

    Original file (02955-03.rtf) Auto-classification: Denied

    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.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In addition, the Board noted that your DD Form 214 erroneously indicates that you were discharged...

  • NAVY | BCNR | CY2003 | 00437-03

    Original file (00437-03.rtf) Auto-classification: Denied

    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. The Board found that you served on active duty in the Marine Corps from 17 October 1983 to 23 June 1986, when you were discharged by reason of physical disability, with entitlement to severance pay, because of a left ankle condition. Consequently, when applying for a correction of an...

  • NAVY | BCNR | CY2007 | 04271-07

    Original file (04271-07.rtf) Auto-classification: Denied

    the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You were released from four years of active duty in the Marine Corps on 25 January 2002. At that time, you were assigned an RE—3P...

  • NAVY | BCNR | CY2003 | 01905-03

    Original file (01905-03.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2003. 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. On 29 January 2003 you were advised of administrative separation processing and waived all of your procedural rights.

  • NAVY | BCNR | CY2007 | 01384-07

    Original file (01384-07.rtf) Auto-classification: Denied

    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. The reenlistment code assigned by the Marine Corps is an administrative marking which reflects the member’s acceptability for reenlistment at the time of separation from the Marine Corps. Enclosure (3) is returned for final action.

  • NAVY | BCNR | CY2010 | 06935-10

    Original file (06935-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 2011. The diagnosis of your knee condition was changed to chondromalacia patella (CMP), and you were recommended for discharge because knee pain which interfered with your ability to perform your duties as a recruit. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...