Docket No: 2682-20 
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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 4 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 the Marine Corps and began a period of active duty on 20 August 2012.  On 28 June 2015 you received nonjudicial punishment (NJP) for failure to obey a lawful order, drunken or reckless operation of a vehicle, fleeing the scene of an accident, and fraternization.  You were awarded restriction and extra duties for 45 days, reduction in rank to E-3, and forfeiture of pay.  On 20 August 2016 you were discharged with an honorable characterization of service and assigned a reentry (RE) code “RE-3C.” 
 
You have requested that the Board change your RE code to RE-1A.  You assert that after completing four years of active duty you received an honorable discharge and then completed your obligated time in the inactive ready reserve without incident.  You claim the RE code you received is unjust and you want it changed so that you are better qualified to reenlist into the military.  You also noted that since your discharge, you earned an AA degree, are currently pursuing a BA degree, worked federal security at airport, graduated from the  State Police Academy, and are currently employed as a state trooper. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your RE code.  A RE-3C is assigned either when directed by the Commandant of the Marine Corps (CMC) or when a service member is not eligible to reenlist and the disqualifying factor is not covered by any other code.  The Board noted that you provided no evidence to support your contention that your RE code is unjust.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Lastly, the Board noted that an RE-3C code may be waived by the military service upon recruitment back to the military and recommended that you exhaust such action with your local recruiting office. 
 
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,