DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1142-19 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 for Correction of Naval Records (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, sitting in executive session, considered your application on 2 April 2020. 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 that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You originally enlisted in Navy on 21 August 2000. On 10 April 2009, you were issued a “Page 13” counseling where you acknowledged that you were eligible for reenlistment except for having been assigned a restrictive reenlistment code of RE-3P because of a non-combat related disability. You were processed for administrative discharge action by reason of physical disability. Unfortunately, the administrative separation and Physical Evaluation Board (PEB) files are not in your service record. However, the Board relied on a presumption of regularity to support the official actions of public officers. In the absence of substantial evidence to rebut the presumption, to include evidence submitted by you, and given the narrative reason for separation and separation code as stated on your DD Form 214, the Board presumed that you were properly processed for separation and discharged due to your non-combat related disability and assigned a disability rating less than 30% after being found unfit by the PEB. Ultimately, on 15 April 2009, you were discharged from the Navy due to your physical disability with an honorable characterization of service and assigned an “RE-3P” reentry code. In this regard, you were assigned the correct characterization and reentry code based on your factual situation. The record also reflects that you received over $53,100 in disability severance pay upon your discharge. The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to: that the RE-3P reentry code means you were placed on the Temporary Disability Retirement List (TDRL) at the time of your separation, that you have never received TDRL benefits, and that you want your reentry code changed so you are eligible to reenlist. However, the Board concluded these factors were not sufficient to warrant changing your reentry code or granting any other relief. The Board noted that the RE-3P reentry code on a DD Form 214 corresponds to: “Physical disability (includes discharge and transfer to TDRL).”1 The Board determined that an RE-3P code is assigned when an individual is discharged for a disability, but such code does not necessarily mean the individual was placed on the TDRL. While the RE-3P can be assigned upon transfer to the TDRL, the RE-3P also covers situations in which an individual has been discharged with a non-compensable disability or condition which does not involve transfer to the TDRL. Accordingly, the Board concluded that you received the correct reentry code based on your circumstances, and that such action was in accordance with all Department of the Navy directives and policy at the time of your discharge. Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 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, 4/23/2020 1 See generally, BUPERSINST 1900.8E, Enclosure (2).