DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION O F N A V A L R E C O R D S
2 N A V Y A N N E X
WASHINGTON DC 20370-5100
Docket No. 04558-03
20 October 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 16 October 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 found that
you were discharged from the Marine Corps on 25 September 1992,
with your consent, by reason of physical disability due to knee
pain that was not responsive to treatment. You were assigned a
reentry code of RE-3P, which is the most favorable code
authorized for a Marine discharged by reason of physical
disability.
The Board considered your statement and the medical evidence you
submitted in support of your application insufficient to warrant
any corrective action. It noted that your present physical
condition, although relevant to the issue of your qualification
for reenlistment at this time, is not germane to the issue of
the propriety of the reentry code you were assigned in 1992. As
you have
there is
your appl
members of the panel will be furnished upon request.
not demonstrated that you were fit for duty in 1992,
no basis for amending your reentry code. Accordingly,
.ication has been denied. The names and votes of the
-
The Board suggests that you visit your local recruiter to
determine if waiver consideration is appropriate in your case.
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,
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