DEPARTMENT OF THE NAVY 

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

Docket No. 8404-16 

MAY 07 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 6 April 2017. 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. 

A review of your record shows that you entered active duty with the Marine Corps in July 2005. 
You were injured during your second deployment to Iraq and received the Purple Heart in 2009. 
You subsequently deployed to Afghanistan in March 2012 returning in August 2012. On 14 July 
2013, you were discharged at the completion of your required active duty and issued a RE-IA 
reentry code. 

The Board carefully considered your arguments that you deserve a disability discharge. You 
assert that you were told that you were not eligible to reenlist and should have asked to be 
medically retired prior to completing your enlistment contract. Unfortunately, the Board 
disagreed with your rationale for relief. First, there was insufficient evidence in your record to 
show you were unfit for continued naval service at the time ofyour discharge. While you were 
previously injured while deployed to Iraq, a subsequent deployment to Afghanistan in 2012 
shows you recovered from your injuries sufficiently to be considered fit for full duty. 
Additionally, the Board considered your performance from 1 October 2012 through 5 March 
2013. Your fitness report covering that period ofservice just prior to your discharge shows you 
were performing well without any evidence ofan occupational impairment due to a disability. 
The Board noted that you successfully completed the Combat Fitness Test during that period of 
observation. This all convinced the Board that you were fit for full duty at the time ofyour 
discharge. Second, contrary to your assertion that you were told that you were ineligible for 
reenlistment, there was no evidence in your record to support that contention. You were 
recommended for advancement on your last fitness report and your DD Form 214 reflects a 
reentry code that makes your eligible for reenlistment. The Board determined you were aware of 
your eligibility for reenlistment based on your initials on the DD Form 214 acknowledging 
receipt. Accordingly, the Board was unable to find an error or injustice warranting a correction 
to your record and denied your application. The names and votes of the members ofthe panel 
will be furnished upon request. 

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. 
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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director