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

Docket No. 3015-21
Ref: Signature Date 
 
Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on  10 June 2021.  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.   
 
A review of your record shows that you entered active duty with the Marine Corps in May 2018.  You suffered a right foot injury on 28 July 2018 that was eventually diagnosed as a stress fracture.  After a period of unsuccessful rehabilitation, a medical board referred you to the Physical Evaluation Board (PEB) on 20 March 2019.  The PEB found you unfit for right foot pain and assigned you a 10% rating resulting in your discharge from the Marine Corps on 30 August 2019 with a RE-3P reenlistment code.  Post-discharge, your civilian medical provider determined that you were medically cleared for active duty based on the healing of your right foot injury and lack of symptoms related to the former injury.   
 
The Board carefully considered your arguments to change your reenlistment code to RE-1.  You assert that the injury that formed the basis for your release from active duty no longer exists and a change in your reenlistment code would allow you to continue your active duty career.  Unfortunately, the Board disagreed with your rationale for relief.  The RE-3P reenlistment code assigned to you is a waivable reenlistment code that indicates you were unable to meet physical/medical standards.  The Board determined that it was inappropriate to change your reenlistment code at this time since you have an alternative avenue to seek a medical waiver through your recruiting office in order to reenlist in the armed forces.  Should you should fail to obtain a medical waiver after providing evidence that you are medically and physically fit, the Board felt the circumstances of your case may then be ripe for further Board consideration.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,    

6/14/2021
Deputy Director