DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5495-10
2 February 2011
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 1 February 2011. 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.
You entered active duty in the Marine Corps on 28 May 1976.
Your record is incomplete, but it appears that you were
administratively separated on 29 July 1976 with an honorable
discharge due to failure to meet physical standards, and were
assigned an RE-3P (physical standards) reenlistment code. On
28 September 1979, you reenlisted in Marine Corps.
Unfortunately, you failed to disclose that you had previously
served in the Marine Corps. On 4 December 1979, you were
administratively separated with an honorable discharge due to
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failure to reveal your prior service, and were assigned an R
3F (failure to complete recruit training) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that you have been denied veterans’ benefits. You
are advised that normally, the Department of Veterans Affairs
requires that an individual must serve on active duty
continuously for a minimum of 180 days to be eligible for
benefits. The Board concluded that you were correctly
administratively separated during both of your enlistments for
failure to meet physical standards, and failure to reveal your
first enlistment when you reenlisted. In view of the above,
your appli¢ation 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
fave the Board reconsider its decision upon submission of new
fand 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,
W. DEAN PFE
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