DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4287-16 JUN 13 2017 Dear : This is in reference to your application for correction of your naval record pursuant to the provisions oftitle 10 ofthe United States Code, section 1552. 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 threemember panel ofthe Board for Correction of Naval Records, sitting in executive session, considered your application on 15 March 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. You reenlisted in the Navy on 22 January 1988. Based on the information contained in your record, it appears that you were administratively separated and placed on the Temporary Disability Retired List (TDRL) and on 29 March 1989. This terminated your active duty, you were honorably discharged, and you were assigned an RE-3P reentry code. You were released from the TDRL on 18 January 1991. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board carefully weighed all potentially mitigating factors, such as your prior honorable service, your assertion that you are trying to buy back your time but you cannot with a retirement reentry code and your desire to remove your current reentry code from your DD Form 214 and change the discharge date change on your DD Form 214. The Board concluded that the date, 29 March 1989 is correct since that is the date that your active duty terminated. The Board concluded your assertions were not sufficient to warrant removal ofyour reentry code from your DD Form 214. In this regard, an RE-3P reentry code is authorized when a Sailor is discharged and not recommended for retention due to a physical disability. You were assigned the appropriate reentry code based on your situation. Accordingly, your application has been denied. As a general rule, military service is creditable for federal retirement purposes ifit was active service terminated under honorable conditions and performed prior to your separation from civilian service for retirement. Whether you qualify is dependent on the whether you qualify under the OPM regulations. Normally, if you are receiving military retirement or disability not due to a combat injury you do not qualify to credit your military service. Please work with your human resources office to determine your eligibility. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board and may include reasons why not crediting your military service is an injustice and citations to regulations that control your denial ofbenefits. It is also important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director