DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08121-10
1 Novber 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 28
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.
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 served on active duty in the Marine Corps from 29 January 2008
to 30 January 2009, when you were discharged by reason of physical
disability with entitlement to disability severance pay. 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.
In the absence of evidence which demonstrates that you were fit for
duty on 30 January 2009 and that your discharge by reason of physical
disability is erroneous or unjust, there is no basis for correcting
your reentry code, which was properly assigned. 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,
¥ Executive
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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.
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