Docket No. 7960-19 Ref: Signature Date 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 11 September 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 Navy on 12 September 2006. Your record reflects that you were processed for administrative separation by reason of physical disability and that on 15 April 2010 Navy Personnel Command authorized and directed your physical disability separation with severance pay. 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 after being found unfit by the PEB. Ultimately, on 24 June 2010 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, narrative reason for separation, and reentry code based on your factual situation. The record also reflects that you received $16,752 in disability severance pay upon your discharge. You request a change to your reenlistment code “RE-3P.” The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to: (a) at the time of your discharge you were experiencing some mental health issues but you would like to re-enlist now as an officer, (b) that you cannot re-enlist because of your reentry code, and (c) it has been almost ten years since you left the Navy, and after your discharge you have had steady employment and completed two degrees. However, the Board concluded these factors and contentions 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 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. The Board also noted that your 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 a request for a waiver of your reentry code is feasible. Lastly, absent a material error or injustice, the Board generally will not summarily upgrade a discharge and/or change a reentry code solely for the purpose of facilitating Veterans Administration benefits, or enhancing educational or employment opportunities. In the end, the Board concluded that you received the correct reentry code. 1 See generally, BUPERSINST 1900.8E, Enclosure (2). 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 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,