Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 04268-10
Original file (04268-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 4268-10
25 October 2010

 

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 20 October 2010. 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. Your complete record was not available to the
Board.

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 were mobilized from the Navy Reserve on
25 April 2005 for Operation Iraqi Freedom. On 11 April 2006 you
were placed on medical hold. On 11 November 2008 you were
honorably discharged by reason of physical disability, and were
assigned a reentry code of RE-3P.

An RE-3P reentry code is the most favorable code authorized by
regulatory guidance for individuals discharged by reason of
physical disability. The Board thus concluded that there is no
error or injustice in your reentry code. 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

dence or other matter not previously considered by the Board.
Lt is a 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,

P fins
~ : Peziladies. W. DEAN

Executive Dwredator

Similar Decisions

  • NAVY | BCNR | CY2013 | NR2431-13

    Original file (NR2431-13.pdf) Auto-classification: Denied

    Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. 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 this regard, you were assigned the most favorable reentry code based on your circumstances.

  • NAVY | BCNR | CY2010 | 08121-10

    Original file (08121-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2010. You were assigned a reentry code of RE-3P, which is the most favorable code authorized for a Marine discharged by reason of physical disability. 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.

  • NAVY | BCNR | CY2013 | NR8415 13

    Original file (NR8415 13.pdf) Auto-classification: Denied

    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. The Board noted that an RE-3P is the most favorable reentry code that may be assigned to individuals who are separated by reason of condition, not a disability, during initial training. : Consequently, when applying for a correction of an official naval record, the burden is on the applicant.

  • NAVY | BCNR | CY2012 | 11272 12

    Original file (11272 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 2012. 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 this regard, you were assigned the most favorable reentry code based on your circumstances.

  • NAVY | BCNR | CY2010 | 06935-10

    Original file (06935-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 2011. The diagnosis of your knee condition was changed to chondromalacia patella (CMP), and you were recommended for discharge because knee pain which interfered with your ability to perform your duties as a recruit. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2011 | 02974-11

    Original file (02974-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 2011. That you no longer suffer from chronic tibial pain does not demonstrate that you were discharged in error, or provide a basis for amending your reentry code, which is the most favorable code that you could have received as a Sailor being discharged by reason of physical disability. Consequently, when applying for a correction of an official naval...

  • NAVY | BCNR | CY2014 | NR3941 14

    Original file (NR3941 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on = -: 18 March 2015. 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. On 29 October 2010, you were so discharged and assigned an RE-3P reentry code.

  • NAVY | BCNR | CY2014 | NR9393 14_Redacted

    Original file (NR9393 14_Redacted.pdf) Auto-classification: Denied

    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. You did not respond in a timely manner and were honorably discharged from the TDRL program, and assigned an RE-3P (physical disability) reentry code. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in your reentry code given the fact you were offered...

  • NAVY | BCNR | CY2009 | 01563-09

    Original file (01563-09.pdf) Auto-classification: Denied

    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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...

  • NAVY | BCNR | CY2009 | 05785-09

    Original file (05785-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 May 2010. 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. 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...