DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100

SJN
Docket No: 06922-07
17 June 2008

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2008. 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 on 10 July 1997 at age 23. on 19 May 1999, you were diagnosed with chronic lower back pain. At that time it was recommended that you be administratively separated from the service. On 22 July 1999, you were reevaluated and it was found that there was no underlying cause for your back pain and it remained. It was determined that the diagnosis was correct and you were unable to fulfill your duties.

On 11 August 1999, administrative discharge action was initiated by reason of convenience of the government due to a condition, not a physical or mental disability. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board. You elected only to obtain copies of documents supporting the basis for separation.

Your commanding officer forwarded your case recommending separation. On 20 August 1999, the discharge authority directed your separation. You were honorably released from active duty due to failure to meet physical standards and assigned an RE-3P reenlistment code.
The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reason for your discharge, given your diagnosed medical condition. With regard to your reenlistment code, the RE-3P code is the most favorable code that may be assigned when an individual is discharged due to failure of physical standards, and can be waived to permit reentry on active duty. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Board believes that you may be eligible for veterans’ benefits, to include educational assistance, which accrued during your period of active duty and is a matter under the cognizance of the Department of Veterans Affairs (DVA). If you have been denied benefits, you should appeal that denial under procedures established by the DVA.

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 or other matter not previously considered by the Board. 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,

W.	DEAN PFEIFFER
Executive Director