DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECOHDY
2 NAVY ANNEX Docket No . LS 144-10
WASHINGTON DC 20370-5100 7 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 3
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 LHI Uetice -
You served in the Marine Corps from 26 February to 2 July 2008, when
you were discharged for the convenience of the government by reason
of a condition, not a disability, that interfered with your
performance of duty. As you require a waiver of that condition im
order to become eligible to reenlist, you were assigned a reentry
code of RE-3P.
The Board concluded that in the absence of evidence which
demonstrates that you did not suffer froma painful condition of your
left lower extremity which interfered with your ability to
successfully complete training in the Marine Corps, but was not
disabling, there is no basis for assigning you a more favorable
reentry code than RE-3P. The Board noted that your reentry code is
waivable, and should not preclude your reenlistment if the
disqualifying condition is no longer symptomatic and you are
otherwise qualified and eligible for reenlistment. 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:
\pSaen :
W enleel PFEI
Executive Director
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