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

Docket No: 9094-17
Ref: Signature date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error 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 of limitations and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.
 
You enlisted in Marine Corps and began a period of active duty on 12 August 2013.  On 14 August 2013, you were evaluated by the optometry branch health clinic and found not to meet the enlistment standards.  You were medically cleared for an entry level separation and released due to cataracts in both eyes.  On 22 August 2013, you were discharged with an Entry Level Separation (ELS) on the basis of a condition not a disability, and received a reentry (RE) code of RE-3P. 
Your request a change to your RE code from RE-3P to an RE-2A. You state that when you went to MEPS prior to boot camp, nothing was mentioned about your eyes. After reporting to basis you were told you had cataracts in both eyes and need a waiver.  Without a waiver, you were discharged and your dreams of becoming a Marine were ended.
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including the fact that you indicate you were unaware of your medical condition and that you wanted to be a Marine since you were young.  Nonetheless, the Board noted that the RE-3P was appropriately assigned to you on the basis of a physical condition that was a proper basis for an entry level separation.  An RE-2 is typically assigned when an individual is ineligible for reenlistment due to a transfer to the Fleet Reserve, retirement, or receipt of a commission or advancement to warrant officer.  The Board noted that your record does not indicate that you met the criteria for an RE-2 or variation thereof.  The Board found that your record reflects that you were administratively discharged due to not meeting the enlistment standards and that the RE-3P was appropriately assigned. 

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 matters.  New matters are those not previously presented to or considered by the Board.  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, 


5/23/2019 

Executive Director