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NAVY | BCNR | CY2007 | 04271-07
Original file (04271-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-5100


                                             TRG
                                             Docket No: 4271-07
                                                                                  9 April 2008






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 8 April 2008. 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.
You were released from four years of active duty in the Marine Corps on 25 January 2002. At that time, you were assigned an REl A reenlistment code. The next day you received a 30% disability rating from the Department of Veterans Affairs (DVA) for various ailments such as tendonitis in both elbows and a problem with your foot.
On 14 February 2003 you were involuntarily mobilized for 365 days in support of Operation Enduring Freedom and reported for active duty on 8 March 2003. Subsequently, you were found not to be physically qualified and were released from active duty on 5 April 2003. At that time, you were assigned an RE—3P reenlistment code.
Given the action taken by the DVA only one day after your first release from active duty on 25 June 2002, it appears that an RE3P reenlistment code may have been warranted at that time. However, based on your DVA rating, it is clear that when you were mobilized on 8 March 2003 you were considered to be physically unqualified for service.
In your application, you are requesting a change in the reenlistment code so you can enlist in the Coast Guard. However,
 regulations require the assignment of an RE-3P reenlistment code in cases such as this. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-3P 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


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