DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3941-14
2 April 2015
Dear (ey
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,
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 = -:
18 March 2015. 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 12 October 2010. You were the subject of a physical
evaluation that diagnosed you with an inguinal hernia, a
condition that did not exist prior to enlistment. The diagnosed
condition interfered with your potential for performance of
expected duties and responsibilities. You were notified of the
recommendation that you be discharged due to a condition, not a
disability. Subsequently, your commanding officer directed an
uncharacterized entry level separation. On 29 October 2010, you
were so discharged and assigned an RE-3P reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your reentry code. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case, which was based on your diagnosed condition.
Additionally, an RE-P reentry code may not prohibit reenlistment,
but requires that a waiver be obtained from recruiting personriel
who are responsible for determining whether you meet the
requirements for reenlistment. 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, 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,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR2112 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2015. At that time, you were assigned an RE-3P (failure to meet physical/medical standards) 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.
NAVY | BCNR | CY2014 | NR9579 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2015. 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. At that time you were assigned an RE-3P reentry code.
NAVY | BCNR | CY2014 | NR786 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2015. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment 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.
NAVY | BCNR | CY2014 | NR5369 14
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. In this regard, you were assigned the most appropriate reenlistment code based on your circumstances. Further, an RE-3P reentry code is authorized when a Marine is discharged due to a condition, not a disability, and recommended for reenlistment.
NAVY | BCNR | CY2014 | NR5886 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2015. 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. 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...
NAVY | BCNR | CY2014 | NR4526 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2015. 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. At that time you were assigned an RE-3G reentry code.
NAVY | BCNR | CY2014 | NR5150 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 May 2015. New evidence is evidence not previously considered by the Board prior to making its decision 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 | CY2014 | NR1210 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2015. Following a review of the medical report, the commanding officer recommended separation with an uncharacterized entry level separation by reason of fraudulent entry as evidenced by your deliberate omission or concealment of a condition, specifically, asthma, that existed prior to your entry into the service. Consequently, when applying for a...
NAVY | BCNR | CY2014 | NR866 14
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. The Board, in its review of your entire record and application, © carefully weighed all potentially mitigating factors, such as your desire to change your reenlistment code for possible reentry into military service. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2014 | NR1206 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2015. Since you enlisted in error, you were assigned the most appropriate reenlistment code based on your circumstances. 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.