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

Docket No: 9172-18 
Ref: Signature Date

Dear	:

This letter is in reference to your application of 1 October 2018 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 for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.

A three-member panel of the Board, sitting in executive session, considered your application on 19 September 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.

Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record.

You enlisted in the Marine Corps and began a period of active duty on 8 May 2017. Your record is incomplete in that it does not contain all of the documents pertaining to your administrative discharge.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed an uncharacterized (UNCHAR) entry level separation (ELS) by reason of a condition not a disability. You were discharged with an UNCHAR ELS on 8 June 2017 and assigned a RE-3P reentry code.  In this regard, you were assigned the authorized code based on your circumstances.

The Board carefully reviewed your application, weighed all potentially mitigating factors in your case, and considered your contention you received a RE-3P reentry code “due to discovery of scoliosis” which was “erroneously assumed to be permanent.”  You further contend it has been corrected, and “my scoliosis curvature has been cut in half” after you worked with a civilian chiropractor who found “several exercises for straightening curvature of the spine.” The Board concluded these factors were not sufficient to warrant changing your RE-3P reentry code. An RE-3P reentry code is authorized by regulatory guidance and assigned when one fails to meet physical or medical standards. The RE-3P reentry code may not prohibit reenlistment, but requires a waiver be obtained. Recruiting personnel are responsible for determining whether you meet the standards for reenlistment and whether or not a request for a waiver of your reentry code is feasible.  In the end, the Board concluded you received the correct reentry code.

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 the submission of new matters, which will require you to complete and submit a new DD Form 149. 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,