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

Docket No: 4571-19   
Ref: Signature date 

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 that 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 21 October 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 13 August 2012.  On 13 March, 16 April, 08 May, and 9 June 2014, you were counseled that you were not recommended for promotion to Corporal because your required professional military education was incomplete. On 24 November 2014, you were counseled that you were not recommended for promotion to Corporal for three months because you altered a military identification card, at which time you were also advised that failure to take corrective action may result in administrative separation and/or disciplinary action.  On 2 December 2014, you received nonjudicial punishment (NJP) for destruction of government property, and were awarded forfeitures of pay, restriction, and extra duties.  On 30 January 2015, you received an honorable discharge with severance pay due to a non-combat disability with a reentry code (RE) of RE-3P and separation code of “JEB1.” 

You request the Board change your RE code from RE-3P to RE-1A.  You assert that your RE code is an error because you broke your leg and that that is not a “physical disability.”  You assert that you currently run a physical fitness test faster than you did while on active duty before you broke your leg.  However, the Board found no error in the records.  Your separation code (JEB1), authorizes either a RE-3P or a RE-4.  The appropriate venue for you to reenter the military is to obtain a Commandant of the Marine Corps (CMC) waiver via a prior service recruiter. 

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, 


11/14/2019