DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
70 1 S. COURTHOUSE ROAD, SUITE 100 1 
ARLINGTON, VA 22204·2490 

Docket No: 797-16 
APR 23 2016

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. 

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 1 April 2016. 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, 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 iµsufficient 
to establish the existence of probable material error or 
injustice. 

You enlisted in the Marine Corps Reserve on 16 May 2011. On 
2 June 2014 and 18 June 2015, you failed your physical fitness 
test (PFT). After each failure, you were counseled and warned 
that further deficiencies could result in administrative 
discharge action. On 3 August 2015, you failed a third PFT. 
Subsequently, administrative discharge action was initiated. 
After being afforded all of your procedural rights, your 
commanding officer forwarded your case recommending that you 
receive a general discharge due to unsatisfactory performance. 
The separation authority concurred and directed that you received 
a general discharge. You were so discharged on 29 October 2015. 
At that time, you were assigned and RE-3P (failure to meet 
physical/medical standards) reentry code. In this regard you 
were assigned the most favorable reentry code based on,your 
circumstances. The RE-3P reentry code may not prohibit 
reenlistment, but requires that a waiver be obtained/from 
recruiting personnel who are responsible for reviewing the 
feasibility of satisfying the Marine Corps personnel manning 
goals by determining whether or not an individual meets the 
standards for reenlistment. If you wish to reenlist, reaffiliate, 
or be reinstated in the Marine Corps, you should 
contact the Marine Corps Recruiting Command via your nearest 
recruiting facility. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your record of service, the reason you were not permitted to 
reenlist, desire to upgrade your RE-3P reentry code, and 
contention that you were not properly presented legal advice or 
counsel. Nevertheless, the Board concluded these factors were 
not sufficient to warrant a change in your reentry code given the 
reason for your discharge and the fact that you were warned of 
the consequences of further deficiencies in your performance·. 
Your current reentry code is authorized and eligible for a 
waiver. In. this regard, an RE-3P reentry code is authorized when 
a Marine is discharged due to a condition, not a disability, and 
is not recommended for retention. Contrary to your contention 
that you did not receive legal representation, the record 
reflects that when presented with your administrative procedural 
rights, you refused to sign the receipt. Accordingly, your 
application has been denied. 

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 and material 
evidence within one year from the date of the 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 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, 


Executive Director