DEPARTMENT OF THE NAVY
” BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 07900-08
24 August 2009
This ig 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 20 August 2009. 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 on 8 September 1989 you were discharged by
reason of physical disability that was incurred as a result of
your not in the line of duty and due to your own misconduct.
You were assigned a reentry code of RE-3P.
The basis for the adverse line of duty/misconduct determination
that was made in your case is not shown in the available
records; however, you have not submitted any evidence which is
probative of your contention that your injuries were incurred in
the line of duty. The Board noted that while a reentry code of
RE-3P may be assigned when a Marine is discharged for such
condition as obesity and motions sickness, as you allege, it is
also assigned when a Marine is discharged by reason of physical
disability. The alphanumeric separation code of JFP1 you were
assigned is listed in the Marine Corps Separation and Retirement
Manual. It indicates that you were discharged by reason of
physical disability that was not incurred in the line of duty.
Other services assign a similar code of JFP to personnel
discharged by reason of physical disability that was not
incurred in the line of duty.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
It ig 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,
Li Noes
W. DEAN P E
Fxecutive Directo
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