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NAVY | BCNR | CY2009 | 07182-09
Original file (07182-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20376-5100 .

 

SIN
Docket No: 07182-0989
27 August 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 25 August 2009. Your allegations of error and
injustice were reviewed in accordance with. administrative
regulations and procedures applicabie 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 Headquarters Marine Corps, dated 30 June
2009, a copy of which is attached.

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.
In this regard, the Board substantially concurred with the
comments contained in the advisory opinion. 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,

  
  

““PFAN PRET
Executive Di

Enelosure
DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD

QUANTICO, VA 22134-8103
: IN REPLY REFER TO:

10406

 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

  

Subj: BCNR APPLICATION IN TEE CASE OF FORMERs

 

Encl: (1) NavMC 118 (21)
(2) CO, RTR, PI, SC ltr 1900 of 20 Nov 07
(3) DD Form 214

(4) Form “449 of 3 Mar 09

 
 
 

- service record has been reviewed and it has been determined
that at ie time of separation he was assigned a reenlistment code of RE~ 3P,
which means failure to meet physical /medi.cal standards for reenlistment.

anemia veceived an ‘uncharacterized’ ‘discharged from the U.S. Marine
coupe on November 20; 2007. A review ‘of the. administrative portion of his
recerd shows that he was informed.of the reenlistment code RE-3P with

narrative reason of “Condition not a disability". SRM was diagnosed
with chronic anterior pain to his left knee.

3. After a review of all relevant information, this Headquarters concurs in
the professional evaluation of RMI 321i tications for reenlistment
at the time of separation. Once a code is correctly assigned it is not
routinely changed or upgraded as a result of events that occur after
separation or based merely on the passage of time. The code may, however, be
waived at the discretion of the acquiring brarich of service per their own
policies and regulations.

4. Enclosure (4) is returned for final ac

 

Frances S. Poleto

Head, Performance Evaluation
Review Branch

Manpower Management Division

By the direction of the Commandant
Of the Marine Corps

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