DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDRE
2 NAVY ANNEX Docket No. 01089-08
WASHINGTON DC 20370-5100 11 December 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 11 December 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. In addition, the Board considered the
advisory opinion furnished by Commandant of the Marine Corps
dated 26 March 2008, and the Director, Secretary of the Navy
Council of Review Boards (SECNAVCORB) dated 12 June 2008, and
the responses to those opinions that were submitted by your
attorney.
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
provided by the Director, SECNAVCORB. The Board agreed with
your counsel that reason for your separation was not weight
control failure; however, it found that you were denied the
Opportunity to reenlist because you failed to meet Marine Corps
weight standards. You were assigned a reentry code of RE-3P, to
indicate that you were recommended for reenlistment by your
commanding officer upon removal of that disqualifying factor.
Although the Board was very sympathetic toward you, and
regretted that you were not permitted to continue your career in
the Marine Corps, it was not persuaded that you were unfit by
reason of physical disability on 31 August 2006, or that your
release from active duty and discharge were erroneous or unjust.
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 PFS
Executive Ra e
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