DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No, 01563-0939
10 June 2009
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 4 June 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 you served on active duty in the Marine
Corps from 9 January 1995 to 15 October 1996, when you were
discharged by reason of physical disability with entitlement to
severance pay, and assigned a reentry code of RE-3P, to indicate
that you require a waiver of phystcal—disqualifacation in order.
to become eligible for reenlistment. You were found unfit for
duty because of your persistent shortness of breath which did
not resolve with medical treatment and a period limited duty.
The Board noted that RE-3P is the most favorable reentry code
authorized for Marines who are discharged by reason of physical
disability. That code should not preclude your reentry into the
Armed Forces as it may be waived, particularly in a case such as
yours, where you no longer experience disabling shortness of
breath. The Board concluded that regardless of the diagnostic
label applied to your condition, you were clearly unfit for duty
in 1996 because of your persistent shortness of breath, and that
changing the diagnosis of your former disability would not
accord you effective relief.
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 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,
d Moe R
Executive D tor
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