DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07025-08
18 August 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 14 August 2008. your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the
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 on active duty in the Marine
Corps from 16 December 2002 to 22 May 2003, when you were
discharged by reason of a condition, not a disability, which
interfered with your performance of duty. You were assigned a.
reentry code of RE-3G, which is waivable. It is the most
favorable code authorized for Marines discharged by reason of a
condition, not a disability, as you were. The only other
authorized code is RE-4, which generally precludes reenlistment.
Your contention that you no longer suffer from back pain does
not provide a basis for changing a reentry code which was proper
when assigned. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
If you still want to reenlist, you should visit your local
recruiting station and inquire about initiating a request for a
waiver of your disqualification from reenlistment.
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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