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NAVY | BCNR | CY2003 | 02955-03
Original file (02955-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100        
                  JRE
                  Docket No. 02955-03
                  28 August 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 28 August 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. In this connection the Board substantially concurred with the comments contained in the enclosed advisory opinion. In addition, the Board noted that your DD Form 214 erroneously indicates that you were discharged because of a condition, not a disability, interfering with your performance of duty; however, it did not recommend amending that form to show that you were discharged because of a personality disorder, because you did not ask for that relief. As a personality disorder is not considered to be a disability under the laws administered by the Department of the Navy, there is no basis for correcting your record to show that you were discharged by reason of physical disability, which is known colloquially as a medical discharge”.
In view of the foregoing, 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
        
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22 134-5103 IN REPLY REFER TO:
                                                                                                   1040
                                                                                                   MMER/RE
                                                                                           MAR 13 2003
MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER
                                    SUBJ: RECODE
Encl:    (1) XXXXX DD Form 149 of 1 Dec 2002
1.       XXXX service record has been reviewed and it has been determined that her reenlistment code of RE-3P was correctly assigned. The reenlistment code was assigned based on her overall record and means that she did not meet the physical/ medical standards for reenlistment at the time of separation.
2.       XXXX was discharged Under Honorable Conditions (General) on September 25, 1995 by reason of Convenience of the Government, Condition Not a Physical. Disability. A review of the administrative portion of XXXX record indicates that she was counseled concerning a diagnosed personality disorder with borderline and histrionic traits, not being recommended for promotion, frequent involvement with military authorities, a pattern of misconduct, and not being eligible for reenlistment. The disciplinary portion of the record shows that she received two nonjudicial punishments under the Uniform Code of Military Justice for offenses which included failure to obey an order or regulation, possession of an altered identification card, obstruction of justice, and unauthorized absence. It is also noted that on September 22, 1995, XXXX signed an official service record book entry acknowledging assignment of the RE-3P reenlistment code.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of XXXX qualifications 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.
4.       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. The code may, however, be waived at the discretion of the acquiring branch of service per their own policies and regulations.
         5. The enclosure is returned for final action.




 Head, Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps

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