DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  10543-18             
Ref: Signature date 

This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

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, sitting in executive session, considered your application on 9 September 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 21 May 2012.  On 7 June 2012, you were diagnosed with syncope (fainting spells).  Subsequently, administrative discharge action was initiated.  On 14 June 2012, your commanding officer recommended that you be separated from the naval service with an entry-level medical separation (ELS) and uncharacterized characterization of service.  You received an ELS on 19 June 2012, with a reentry code of RE-3E. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code, and your assertions that “whoever put the code in was untruthful,” and that you are trying to re-enter the military after a failed attempt.  The Board also considered your assertions that you believed that you were separated with the promise of returning in 6 months should the events clear up.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your documented medical diagnosis and the fact the RE-3 is waiveable, should your physical condition improve. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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, 


11/1/2019