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

Docket No: 2733-19 
Ref: Signature date 

Dear :

This letter 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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 30 April 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 the Marine Corps and began a period of active duty on 24 September 2012. On 4 December 2012, you were placed on LLD status until evaluation by internal medicine. Naval Hospital    medical records dated 6 December 2012, reflect that you were administered a pulmonary function test, which you did not pass. On 9 January 2013, the director of the branch health clinic recommended that you be separated on the basis of convenience of the government due to reactive airway disease as diagnosed by the clinic. On 19 January 2013, your commanding officer, directed that you be administratively separated with an entry level separation and that you receive an RE-3P. You were discharged from the Marine Corps on 29 January 2013, on the basis of a condition not a disability, with an uncharacterized discharge and a reentry (RE) code of RE-3P. 

You request a change to your RE-3P to an appropriate code or discharge. You contend that your separation code of JFV1, your narrative reason for separation of “Condition not a Disability,” and the RE-3P are inconsistent with one another. You assert that you did not have a physical condition, but that you had some sort of “bug” that may have been caused by food from the chow hall. You also indicate that the prescription information in your Marine Corps medical record is incorrect in that azithromycin is reflected and that you were neither prescribed nor given 
“Azithromycin.” 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that your employment opportunities are adversely impacted by your current RE code. The Board noted that pursuant to the Marine Corps Separations Manual, an RE-3P is assigned upon failure to meet physical/medical standards. The Board considered that your record reflects a medical diagnosis that impacted your medical status. Based on the diagnosis, the Board determined the RE-3P was appropriately issued when you were discharged. The Board further noted that an RE-3P is reflective an assessment of an individual’s enlistment or reenlistment potential for military service. Although it may be used by other agencies such as the USPS to determine employment potential, its assignment in the military is not an injustice merely because it may cause a limitation when it is applied elsewhere. The Board noted that your separation narrative is supported by an in-service diagnosis and found that you did not provide sufficient evidence to establish that the separation narrative of “Condition not a Disability” is unjust or erroneous. Finally, the Board noted that you did not provide information pertaining to your in-service medical prescriptions and that your contention alone is not an adequate basis for corrective action. The Board concluded that your record does not reflect an error or an injustice and your separation narrative, RE code, and medical record shall remain unchanged. 

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,

7/16/2019
Executive Director