DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TTR
Docket No: 5785-09
24 May 2010
This is in reference to your application for correction of your.
naval record pursuant to the provisions of Title 10, 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 18 May 2010. The names and votes of the members
of the panel will be furnished upon request. 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 ali
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 11 February 1999 and served without
disciplinary incident. On 25 August 2004, as a result of a
diagnosed physical disability, you were honorably discharged and
were assigned an RE-3P reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code so that
you may be eligible for reenlistment. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code because you were assigned the most
appropriate reenlistment code for your situation at the time of
your discharge. In other words, an RE-3P reenlistment code is
authorized by regulatory guidance and assigned when a Sailor is
discharged with a physical disability but is otherwise
recommended for reenlistment once the disability is corrected.
This code may not prohibit reenlistment, but requires that a
waiver be obtained from recruiting personnel who are responsible
for determining whether an individual meets the standards for
reenlistment, and whether or not a request for a waiver is
feasible. Accordingly, your application has been denied.
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,
Ven ‘|
W. DEAN PF
Executive or
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