Docket No: 9328-18 
Ref: Signature Date 
 
 
Dear : 
 
This 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 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 (Board), sitting in executive session, considered your application on 11 December 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 9 April 2007.  On 17 April 2008, a medical board confirmed your diagnosis of chronic bronchiectasis with numerous acute exacerbations.  The medical board opined that you were not physically qualified for full duty and not likely to become so in a reasonable length of time.  On 2 July 2008, you were recommended to be placed on the Temporary Disability Retired List (TDRL).  On 29 September 2008, you were released from active duty and transferred to the TDRL by reason of temporary disability, with an honorable characterization of service and assigned an RE-3P reenlistment code. 
 
On 30 April 2010, the first periodic TDRL examination was performed.  On 2 July 2010, an informal Physical Evaluation Board (PEB) considered your case and found you UNFIT to continue naval service due to a physical disability; you did not agree with the Informal PEB’s finding and requested a formal hearing.  On 5 October 2010, a formal PEB was convened and concluded that you were a highly motivated Marine who demonstrated by convincing testimony and evidence that you possess every capability to resume your military career and determined that you were FIT for duty.  On 23 November 2011, in accordance with the results of the PEB, the Commandant of Marine Corps determined that the condition that placed you on the TDRL no 
longer exists and extended you the opportunity to return to active duty.  You were afforded the opportunity to make an election to return to active/reserve duty or be discharged from the Marine Corps.  Due to your failure to reply, your name was removed from the TDRL, effective 31 December 2011, and you were discharged from the Marine Corps accordingly. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to change your reenlistment code and your removal from disability.  The Board considered your contentions that you had 30% disability when you first enlisted and that you sought to get better so you could return to active duty.  The Board also considered that the Marine Corps is not accepting prior service members with your reenlistment code, therefore you are unable to reenlist.  The Board concluded that your mitigating factors were insufficient to warrant a change in the reentry code or removal from disability.  In this regard, an RE-3P reentry code does not necessarily prohibit reenlistment but requires that a waiver be obtained from the Commandant of the Marine Corps through prior service 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 facility.  The Board relied on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board determined you were assigned the appropriate reentry code based on your situation. 
 
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.