DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 . ARLINGTON, VA 22204-2490 Docket No: 115-17/ 2956-14 This is in reference to your latest reconsideration request dated 3 December 2016. You previously petitioned the Board and were advised in our letter that your applications had been disapproved. Your case was reconsidered in accordance with Board of Correction ofNaval Records procedures . that conform to Lipsman v. Secretary ofthe Army, 33F.Supp.2d 48 (D.D.C 2004). Because your application was submitted with new evidence not previously considered, the Board reviewed your application. Your current request has been carefully examined by a three-member panel of the Board for Correction ofNaval Records (BCNR), sitting in executive session on 21 March 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Documentary material considered by the Board consisted of your application and any material submitted in support ofyour application. Regarding your request for a personal appearance, Ile advised that 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 determined that a personal appearance was not necessary and considered your case based on the evidence ofrecord. After careful and conscientious consideration ofthe entire record, the Board determined that the documentation that you provided was insufficient to establish the existence ofprobable material error or injustice. In this regard, the Board reviewed your contention that you suffered from Chronic Obstructive Pulmonary Disease (COPD) not asthma during basic training. The Board noted that COPD and asthma are both potentially disqualifying conditions which would prevent you from serving in the Marine Corps. In that regard, the Board noted that the record clearly shows that on 4 May 2001, you disclosed a disqualifying pre-setvice medical history ofasthma and chronic bronchitis which ultimately lead to your separation from the Marine Corps and receiving an RE-3P reentry code. On 16 March 2010, you received a Correction to Certificate of Release or Discharge from Active Duty (DD Form 215) changing your reentry code to RE-3F to reflect your failure to complete entry level training. An RE-3F is assigned to individuals who fail to complete Basic Training and/or Military Occupation School (MOS) Training. In your case, you completed Basic Training but failed to complete the School ofInfantry Training which is a requirement in order to be identified as successfully completing the Marine Corps Basic Training Program. The Board found that your discharge was proper and your request for reinstatement and back pay is not appropriate based on your situation. The Board also noted that atthe time ofyour separation, you served a total of five months and one day on active duty. You were notified ofyour separation processing within 180 days ofthe beginning ofyour period of active service. Applicable regulations authorize an uncharacterized entry level separation ifthe processing ofan individual's separation begins within 180 days ofthe individual's entry on active service. The Board determined that you were assigned the most appropriate reentry code (RE3F) based on your situation. Finally, the Board noted that the Navy Discharge Review Board (NDRB) changed your separation authority to "MARCORSEPMAN PAR 6214," narrative reason for separation to "Secretarial Authority," and separation code to "JFFl." All changes are documented-On a DD Form 215, a copy which is provided. It is regretted that the circumstances ofyour reconsideration petition are such that favorable action cannot be taken again. You are entitled to have the Board reconsider its decision upon the submission ofnew and material evidence. New evidence is evidence not previously considered by the Board. In the absence ofsufficient new and material evidence for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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 of probable material error or injustice. Sincerely, Executive Director