Docket No: 6993-20
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 relevant portions of your naval record and your application, 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 19 October 2020.  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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 10 April 2013.  Your evaluation report for the period of 7 June 2013 to 14 March 2014 was issued upon your separation from the Navy.  Your Certificate of Release or Discharge from Active Duty (DD Form 214) indicates you were separated from the Navy on 14 March 2014 on the basis of a condition not a disability, with a reentry code of RE-3G. 
 
In your application, you request to have your RE-3G reenlistment code upgraded to allow you to reenlist in the Army.  You state you were separated from the Navy in 2014; you attended Basic Underwater Demolition SEAL Training; and you were a “med-drop” from your class after you requested to be released from the Navy in order to finish your college degree.  You further state you were in a student status, received no medical board, and received an RE-3G reenlistment code even though you were not medically separated from the Navy.  You assert that your RE-3G code is preventing you from reenlisting in the Army.  As part of your application to the Board, you submitted your academic transcript from     . 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your desire to return to military service.  The Board noted that although your entire administrative separation package is not reflected in your available service record, your DD Form 214 indicates the narrative separation reason as condition not a disability.   The Board found that an RE-3G reentry code is an appropriate reentry code corresponding to a condition not a disability.  The Board relies 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.  Applying the presumption of regularity, and absent evidence or information from you to overcome that presumption, the Board concluded that the RE-3G reentry code was appropriately assigned to you upon discharge.  The Board determined that your RE-3G reentry code was issued without error or injustice and does not merit corrective action. 
 
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 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,