DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 11272-12
3 December 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 29 November 2012. The names and votes of the
members of the panel will be furnished upon request. 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 Marine Corps and began a period of active
duty on 26 May 2009. The Board found that you were diagnosed
with a chronic right ankle sprain. On 5 February 2010, you were
notified that it was being recommended that you be separated from
the service by reason of convenience of the government, due to a
condition not a disability. On 8 February 2010, you were
honorably discharged by reason of convenience of the government
due to a condition, not a disability. At that time you were
assigned an RE-3P (failure to meet physical medical standards)
reentry code. In this regard, you were assigned the most
favorable reentry code based on your circumstances. The RE-3P
reentry code may not prohibit reenlistment, but requires that a
waiver be obtained from recruiting personnel who are responsible
for reviewing the feasibility of satisfying the Marine Corps
personnel manning goals by determining whether or not an
individual meets the standards for reenlistment. If you wish to
reenlist, re-affiliate, or be reinstated in the Marine Corps, you
should contact the Marine Corps Recruiting Command via your
nearest recruiting facility.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your RE-3P reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant such a change given your diagnosed medical
condition that rendered you incapable of continued service.
Again, you were assigned the appropriate reentry code for your
situation. Accordingly, your application has been denied.
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,
BRIAN J. GEORGE
Head, Discharge Section
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