DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
REC
Docket No: 03570-11
16 February 2012
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 15 February 2012. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
12 June 1988, at age 19. On 3 March 2001, a mental health
evaluation was conducted, and you were found to have recurrent
major depression. Based on the mental health evaluation, you
were processed for separation by reason of a physical
disability. After you were advised of your rights, you elected
to receive copies of documents to be forwarded to the separation
authority, but waived all your other procedural rights.
Subsequently, on 8 June 2001, you were discharged with an
honorable characterization of service by reason of a physical
disability. At that time, you were assigned the reentry code of
RE-3P.
In its review of your application, the Board considered all
mitigating factors, such as your youth. However, the Board
found these factors were insufficient to warrant changing your
reentry code due to your diagnosed condition. The Board noted
that applicable regulations authorize the assignment of an RE-3P
reentry code to individuals who are separated due to medical
conditions that interfere with duty performance. The Board thus
concluded that there is no error or injustice in your more RE-3P
reentry code. Finally, the Board noted that your reentry code
is waivable by prior service recruiting personnel. 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,
Lean
W. DEAN PF
Executive DYVretto
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