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NAVY | BCNR | CY2014 | NR5886 14
Original file (NR5886 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

ES
Docket No: 5886-14
22 June 2015

 

 

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.

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

3 June 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 Reserve and began a period

of active duty on 30 April 2007. Your record contains a
service entry which states that you were recommended for
separation by reason of physical disability. As a result of
the foregoing, you were discharged with an honorable discharge
on 24 February 2009, and assigned an RE-3C reentry code.

 

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your 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 physical
disability. In this regard, an RE-3C reentry code is authorized
when a Marine is discharged due to a condition, not a
disability, and not recommended for retention. As such, you
were assigned the most appropriate reentry code based on your
Situation. Accordingly, your application has been denied.

Finally, RE-3C reentry code may not prohibit reenlistment, but
‘requires that a waiver be obtained from Commandant Marine

£orps 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 Tacility.

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,

R
Executive Director

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