DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 9393-14
10 February 2015
4
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 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 Navy and began a period of active duty on
6 February 2002. On 24 July 2009, a medical board diagnosed you
with post-traumatic stress disorder (PTSD), alcohol abuse, anda
major depressive disorder. After being afforded all of your
procedural rights, you were place on the temporary disability
retirement list (TDRL). You remained on the TDRL until 17 July
2012, when the Physical Evaluation Board (PEB) found you fit to
return to full duty. Notification of the findings by the PEB was
forwarded to the Navy Personnel Command (NPC) on 26 July 2012.
On 22 August 2012, you were notified that you were being
discharged from the Navy, and your status on the TDRL would be
terminated. At that time, you had approximately 45 days to elect
the option of reenlisting in the Navy or Navy Reserve. You did
not respond in a timely manner and were honorably discharged from
the TDRL program, and assigned an RE-3P (physical disability)
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 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 Navy, you should contact the
Navy Corps Recruiting Command via your nearest recruiting
facility. ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, and your desire to change your RE-3P
reentry code. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your reentry code
given the fact you were offered and opportunity to reenlist in
the Navy or Navy Reserve after being found fit for full duty. In
this regard, an RE-3P reentry code is authorized when a Sailor is
discharged due to a physical disability and is not recommended
For retention. 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.
Sincerel
ROBERT J.
Executive Director
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