DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2723-14
17 November 2014
Dear ay
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 4
November 2014. 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 2 August 2004. The Board found that you were diagnosed
with suffering from “Bladder Detrusor Sphincter Dyssynergia”,
that. éxisted prior to your enlistment. It was recommended that
you be separated’ with a general discharge by reason of defective
enlistment and induction due to fraudulent entry into the Marine
Corps. On 21 October 2005, you received a general discharge.
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 Navy’s personnel manning goals by
determining whether or not an individual meets the standards tor
reenlistment. If you wish to reenlist, re-affiliate, or be
reinstated in the Navy, you should contact the Navy 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 record of service, post-service medical condition, 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 conditions that rendered
you incapable of continued service. Finally, Marines discharged
by reason of a medical condition normally are assigned an RE-3P
reentry code. 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 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, oJ6.. dss
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.
ROBERT J. O’NETLL
Executive Director
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