Docket No: 6339-20            
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, sitting in executive session, considered your application on 7 June 2021.  The names and votes of the panel members 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, and applicable statutes, regulations, and policies, including the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo).   
 
You enlisted in the Marine Corps on 23 May 2016.  While you were on active duty, you were diagnosed with Crohn’s disease and involuntarily discharged on 20 July 2016.  Your discharge was an uncharacterized, entry-level separation, due to a condition that was not considered a disability, and you were assigned an RE-3P reentry code. 
 
The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  You have requested that the Board change your reentry code so that you may reenlist in the military.  In support of your petition, you have provided medical evidence that supports your contention that six months after your discharge, you were informed by a physician at    , as well as a civilian physician, that you had been misdiagnosed.  You state that you have undergone a colonoscopy, an endoscopy, and have had biopsies taken, and all of these medical tests came back negative. 
 
In review of all of your materials, the Board did not find an injustice in your record warranting relief.  The Board noted than an RE-3P reentry code is considered a waivable code.  The Board determined that it did not have the medical expertise to make a finding concerning your medical readiness for reenlistment.  The Board recommended that you follow the procedures provided by the respective recruiting command regulations of any of the armed forces to which you choose to submit a reenlistment package.  This procedure would involve having the armed service to which you apply make its own decisions based on a review of the medical evidence by medical professionals employed to make such decisions.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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, 
  
6/15/2021
Executive Director