DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1615-19 Dear : 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 12 March 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, and applicable statutes, regulations, and policies. You enlisted in the Marine Corps on 27 June 2005. On your pre-enlistment medical paperwork, you denied ever having any skin diseases (e.g., acne, eczema, and psoriasis, etc.). On 6 July 2005, your Recruit Evaluation Card documented that you exceeded the acceptable height/weight standards, as well as the remedial measures put in place. While still at boot camp, you underwent a medical examination to evaluate your suitability for military service. On 25 July 2005, the Medical Dispositions Officer recommended that you be placed on light duty and be administratively separated by reason of an erroneous enlistment due to psoriasis. On 26 July 2005, administrative discharge action was initiated by reason of defective enlistment due to an erroneous enlistment. The factual basis for the separation recommendation was your medical condition of psoriasis that existed prior to entry into the Marine Corps. You elected not to consult with counsel or submit a written rebuttal statement for consideration by the separation authority, and you acknowledged that your discharge would be an uncharacterized entry-level separation (ELS). On 2 August 2005, you were separated for your erroneous entry, discharged with an uncharacterized ELS, and assigned an RE-3P reentry code. The “RE-3P” reentry code corresponds to “failure to meet physical/medical standards” and is the appropriate designation in cases involving a condition (not physical disability) interfering with the performance of duty, absent any evidence to the contrary. In this regard, you were assigned the correct characterization and reentry code based on your factual situation as you were still within your first 180 days of continuous military service and had not yet completed boot camp. The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to: (a) you believe the record is in error because it doesn’t account for the medical board findings, (b) the VA awarded you a service-connected 60% disability rating for psoriasis, and 10% for hidradenitis suppurativa, and (c) that the VA modified your discharge to be under honorable conditions (UHC). However, the Board concluded these factors and contentions were not sufficient to warrant upgrading your discharge, changing your reentry code, or granting any other relief. The Board observed that the discharge modification reference you cited, “M21-1, III.v.1.B.5.1,” refers to a section from the VA’s Adjudication Procedures Manual, and not from any Department of the Navy regulation. The Board noted that VA eligibility determinations for health care, disability compensation, and other VA-administered benefits are for their internal VA purposes only. Such VA eligibility determinations and/or discharge modifications are not binding on the Department of the Navy and have absolutely no bearing whatsoever on previous active-duty service discharge characterizations. The Board also noted that the “RE-3P” reentry code may not prohibit reenlistment, but requires that 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 the reentry code is feasible. Lastly, the Board noted that, had you properly and fully disclosed all of your skin diseases that existed prior to entry, such medical conditions would have disqualified you from enlisting. In the end, the Board concluded that you received the correct discharge type, characterization, narrative reason, and reentry code based on the totality of your circumstances, and that such action was in accordance with all Department of the Navy directives and policy at the time of your discharge. 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, 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.