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NAVY | BCNR | CY2005 | 05799-05
Original file (05799-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

         JRE
                                                                                          Docket No. 05799-05
                                                                                          21 February 2006





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 February 2006. 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 found that you served in the Marine Corps from 2 August 1989 to 26 May 1993, when you were released from active duty by reason of physical disability and transferred to the Temporary Disability Retired List (TDRL). You were assigned a reentry code of RE-3P, which is the most favorable code authorized for a Marine released from active duty or discharged by reason of physical disability. It indicates that that you require a waiver of physical disqualification in order to be eligible to reenlist.
 As you have not demonstrated that you were fit for duty at the time of your release from active duty and transfer to the TDRL, there is no basis for changing your reentry code. The recent improvement in your condition, although relevant to the issue of your qualification for reenlistment at this time, does not demonstrate that your reentry code was assigned in error. 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

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