DEPARTMENT OF THE NAVY 

BOARD. FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204·2490 

Docket No: 5438-16/5943-15 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 of the United States Code, section 1552. 

Regarding your request for a personal appearance, Board regulations state that personal 
appearances before the Board are not granted as a right, but only when the Board determines that 
such an appearance will serve some useful purpose. In your case, the Board detem1ined that a 
personal appearance was not necessary and considered your case based on the evidence of record. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 12 July 2016. The names and votes of the members of the panel 
will be furnished upon request. Your allegations of error a~d injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings of this 
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. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 
Your original request to have your RE-2B (Retired) reentry code changed was denied by the 
Board on 31 August 2015. In the Board's decisional document dated 17 September 2015, you 
were informed that you had received the most appropriate reentry code. However, you were 
erroneously informed that your reentry code could be waived by recruiting personnel for 
enlistment in the Marine Corps. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your combat service in your injuries that led to you being 
placed on the Permanent Disability Retired List, service to our country, recovery from your 
service connected injuries, and desire to return to active duty. In addition, the Board considered 
that you meet the established physical standards, and are physically qualified for a Staff Corps 
commission. Nevertheless, the Board concluded these factors were not sufficient to warrant 
changing your RE-2B reentry code. Unfortunately, Navy directive OPNAVINST 1820.IB, 
paragraph 9, states that retired servicemembers are not eligible to waive retirement pay and return 
to active duty. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new and material 
evidence within one year from the date ofthe Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your case. In this regard, it is 
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