DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6254-16 JUN 12 2017 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle IO ofthe United States Code, section 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 31 March 2017. The names a!!-d 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. 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. You began a period of active duty in the Marine Corps on 12 February 2007. In July 2008, you suffered an IED blast injury to your right thigh while serving in Iraq. On 5 October 20 I 0, the Secretary ofthe Navy approved your transfer to the Temporary Disability Retirement List (TDRL)· On 31October2010, you were placed on the TDRL, and received an reenlistment code of RE-3P (medical). On 25 July 2016, the Commandant ofthe Manne Corps removed you from theTPRL. The Board considered that you would like your RE-3P code changed to an RE-IA for purposes ofreenlisting in the military. When making its determination, the Board reviewed the Navy Council ofReview Boards letter dated 23 June 2016, which found you fit for continued naval service and capable ofperforming duties appropriate for your military occupational specialty. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as the circumstances surrounding your injury, your desire to continue military service, and the current determination that you are fit for .full duty. Pursuant to Marine Corps Order, 19600.16, an RE-3P is assigned when a Marine does not meet physical/medical standards. At the time ofyour discharge on31 October 20I 0, you were transferred to the TDRL. Since your thigh injury was such that you qualified for the retired list, the Board found that the RE-3P that was assigned on the date ofyour discharge was neither erroneous nor unjust. The Board also noted that the RE-3P is a waivable reenlistment code, and that it does not preclude you from reenlistment. The Board acknowledged the 23 June 2016 finding that you are fit for full duty, but determined that the post-discharge determination does not merit a change to the RE code assigned at the time you transferred to the TDRL. Accordingly, your application has been denied. It is regretted that the circumstances of your 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. 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