DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 9174-13
15 October 2014
bear
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.
You requested that your “MBK5” {expiration of term of service)
separation code and “RE-1A" (eligible for reenlistment code}
reentry code issued on 22 May 2011 be changed on your
Certificate of Release or Discharge from Active Duty (DD Form
214). The Board assumed that you are requesting that
“condition, not a disability” be used as the basis for
separation. ,
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 October 2014. 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 thé evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered a period of active duty in the Marine Corps Reserve -
on 1 November 2010 after more than four years of prior honorable
service. You were not the subject of any disciplinary action.
On 22 May 2011, you were released from active duty back to your
reserve unit with an honorable characterization at the
completion of your required active service, and assigned an RE-
1A (eligible for reenlistment) reentry code. On 11 May 2012, it
was determined that you were not physically qualified for
retention in the reserve component after being diagnosed with
musculoskeletal dysfunction.
In its review of your application, the Board carefully weighed
all potentially mitfgating factors, such as your youth, prior
honorable service, and desire to modify your DD Form 214.
However, the Board concluded that your separation code and
reentry code were correctly assigned in light of your diagnosis
almost a year after leaving active duty. You are advised that a
DD Form 214 is only issued upon a release or discharge from
active duty. In view of the above, 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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. In this
regard, it is important to keep in mind that a presumption of
reguiarity 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,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2010 | 00466-11
A three-member panel of the Board for Correction of Naval Records, ‘sitting in executive session, considered your application on 3 February 2011. Its assignment in your case does not imply that you were released from jactive duty for medical reasons or that you were separated or retired ‘by reason of physical disability. 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.
NAVY | BCNR | CY2010 | 05362-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR0447 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 13827-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 2011. 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. You served on active duty in the Marine Corps from 29 December 2003 to 28 December 2007, when you were voluntarily released from active duty at the...
NAVY | BCNR | CY2010 | 03536-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2011. The Board found that your receipt of disability ratings from the VA is not probative of the existence of error or injustice in your Marine Corps record, because the VA assigned those ratings without regard to the issue of your fitness for military duty on 27 May 2007. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2014 | NR0680 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR5643 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 July 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 00026-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 January 2010. As you have not demonstrated that you were unfit for duty by reason of physical disability on 20 April 2007, the Board was unable to recommend any corrective action in your case. 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.
NAVY | BCNR | CY2013 | NR5410 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2014. 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. Finally, Sailors discharged by reason of a condition, not a disability would normally be assigned an RE-4 reentry code.
NAVY | BCNR | CY2014 | NR0792 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 July 2014. You were released from active duty on 1 May 2011, with an honorable characterization of service and assigned an RE-30 reentry code. 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.