BEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS —
701 S, COURTHOUSE ROAD, SUITE 1001...
ARLINGTON, VA 22204-2480
TAL
Docket No: 866-14
3 February 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. The application was filed in a timely
manner,
A three-member panel of the Board. for Correction of Naval
Records, sitting in executive session, considered your
application on 28 January 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 24 September 2012, You were the subject of a medical
evaluation that diagnosed you with lumbar spondylosis which led
to chronic pain, a condition that impaired your ability to
function effectively in the Marine Corps. Based on the’
information currently contained in your record it appears that
you were subsequently processed for discharge by reason of a
condition not a disability. In connection with this processing,
you would have acknowledged the separation action and the
Separation authority would have approved a recommendation for
Separation. The record clearly shows that on 1 May 2013, you
were discharged with an honorable characterization of service by
reason of a condition not a disability. At that time you were
assigned a waivable 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 change your reenlistment code for possible reentry
into military service.: Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the =
reenlistment code. Additionally, an 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 requirements for reenlistment. Accordingly,
your application has-been denied. De ‘
Each branch of the Armed Forces established its own criteria for
enlistment within the provisions of federal law. The
reenlistment code assigned by the Navy is not binding upon the
other services, which are free to accept or reject an-application
on the basis of their own standards, If another branch of
service decides to waive your reenlistment code and accept you
for enlistment, the Navy will not object.
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*fNEILL
Executive Director
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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. Further, an RE-3P reentry code is authorized when a Marine is discharged, due to failing the...
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