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NAVY | BCNR | CY2003 | 00662-03
Original file (00662-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  F O R C O R R E C T I O N   O F   NAVAL  R E C O R D S  

2   NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  662-03 
23 July 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 23 July 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.  In addition, the Board considered the advisory 
opinion furnished by  Headquarters Marine Corps dated 24 January 
2003, a copy of which is attached. 

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 this connection, the Board substantially 
concurred with the comments contained in the advisory opinion. 
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, 

Enclosure 

DEPARTMENT O F  THE  N A V Y  

\ 
L 

HEADQUARTERS UNITED STATES  MARINE CORPS 

IN REPLY RLPLR TO: 
1 0 4 0  
MMER/RE 
JAN  2  4 2003 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  BCNR APPLICA 

E OF FORMER LANCE CORPORAL 

Encl :  (1)  -DD 

Form 1 4 9   of 9   Jan 2003 

.service record has been reviewed and it has been 
his reenlistment code of RE-3P was correctly 

1.  Mr. 
determinm 
assigned. ' T h e  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. 

was honorably discharged on September 26, 2 0 0 1   by 
2. 
reason of Condition Not a Disability.  A review of his service 
record indicates that he was counseled concerning Bilateral Flat 
Feet, and not being recommended for promotion.  The disciplinary 
portion of the record shows that he received two nonjudicial 
punishments under the Uniform Code of Military Justice for being 
absent from his appointed place of duty. 

received a waiver for Bilateral Flat Feet to enter 
3. ' 
the Marine Corps in April 1999.  'He experienced unrelenting pain 
in both feet with hikes and runs.  A podiatrist evaluation 
determined that his condition was not operative, not a 
disability, but impeded his suitability for Marine Corps service 

4.  After a review of all relevant information  this Headquarters 
concurs in the professional evaluation of- 
fications for reenlistment at the time of separation.  Once a 
code is correctly assigned it is not routinely changed or 
upgraded as a result of events that occur after separation or 
based merely on the passage of time. 

quali- 

5.  The enclosure is returned for final action. 

Review Branch 
Personnel Management Division 
By direction of the Commandant 
of the Marine Corps 



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