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DEPARTMENT OF THE NAVY 

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

YTC 
Docket No: 5314-17 
OCT 3::; 2G18 


Dear : 
This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 10 ofthe United States Code, section 1552. After careful and conscientious 
consideration ofthe entire record, the Board found the evidence submitted was insufficient to 
establish the existence ofprobable material or injustice. Consequently, your application has 
been denied. 

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 application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 22 August 2018. The names and votes ofthe 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, relevant portions of your naval record, and 
applicable statutes, regulations and policies. 

You enlisted in the Marine Corps and began a period ofactive duty on 28 June 2005. On 17 
January 2007, you were counseled that you were eligible, but not recommended for promotion 
due to failure to maintain expected weight standards. On 3 April 2007, you were counseled for 
failing to show up to a group safety brief formation following PT. The counseling entry noted 
that you had been counseled numerous times for failure to be at your appointed place ofduty. 
Your record reflects your receipt ofnonjudicial punishment (NJP) on 20 April 2007, and a 
subsequent counseling entry. You appeared before a Physical Evaluation Board (PEB), and on 8 
June 2007, the PEB found that you had a permanent disability due to a medical issue with your 
left foot, third metatarsal. On 15 June 2007, after being notified ofthe PEB 's findings of 
unfitness for continued naval service, you waived your right to submit new or additional 
information or to demand a formal hearing. The disability proceedings were concluded the same 
day and you were processed for involuntary separation. Your record contains Administrative 
Remarks dated 31 July 2007, which note that you were not recommended for reenlistment 
because you were found unfit for duty by the PEB, and that you would be assigned a 


YTC 


Docket No: 5314-17 

reenlistment code of RE-4. You were separated from the Marine Corps on 31 July 2007, on the 
basis of a Disability (Severance Pay), and received an honorable characterization ofservice and a 
reentry (RE) code of RE-4. 

You request a change to your RE code from an RE-4 to an RE-3P in order to re-enlist into the 
Marine Corps Reserves. You state you were given the RE-4 because the PEB believed your 
medical issue with your foot was a permanent disability but that your foot is now healed. You 
also note that you have been a volunteer firefighter since 2015. 

The Board carefully reviewed your application and considered the mitigating factors surrounding 
your request including your present ability to perform the duties ofa firefighter. The Board 
considered that your record indicates that you were properly screened by a PEB during your 
active duty service, and that the PEB found you to have a permanent disability. The Board noted 
that you did not provide post-service medical information pertaining to the medical condition 
that initiated your separation from the Marine Corps. Even in consideration of your volunteer 
work as a firefighter and your desire to reenlist, the Board found that it did not have sufficient 
evidence to revisit the determination ofthe PEB. The Board concluded that your RE-4 was 
issued without error or injustice, and absent sufficient information relating to your present 
medical fitness, the RE-4 code should not be changed. 

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 of probable material error or injustice. 

Sincerely, \ 


Executive Director 

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