DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 5369-14
19 May 2015
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
15 May 2015. 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, began a period of active duty
on 8 July 2013, and served without disciplinary infraction.
Your record contains an entry which states in part, that you were
to be discharged due to being allergic to stinging insects.
Subsequently, you were administratively processed for separation
by reason of condition not a disability. On 16 September 2013,
you were issued an entry level separation by reason of condition
not a disability and assigned an RE-3P reentry list. In this
regard, you were assigned the most appropriate reenlistment code
based on your circumstances. The RE-3P reenlistment code may not
prohibit reenlistment, but requires that a waiver be obtained
from recruiting personnel who are responsible for determining
whether you meet the standards for reenlistment, and whether or
not a request for a waiver of your reenlistment code is feasible.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
desire to change your reentry code. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reentry code given your diagnosed allergy to stinging
insects. Further, an RE-3P reentry code is authorized when a
Marine is discharged due to a condition, not a disability, and
recommended for reenlistment. Again, you were assigned the most
apprd@priate reentry code based on 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, it is important to keep in mind that a presumption of
applying for correction of an official naval record, the burden
is on the applicant to demonstrate the existence of the probable
material error or injustice.
Sincergly,
ROBERT J. O’NEILL
Executive Director
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