Docket No: 4252-20 
 
From:    Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
           
Ref:   (a) 10 U.S.C. §1552 
 
Encl:  (1) DD Form 149 (NR20200004252) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting correction to her Certificate of Release or Discharge from Active Duty (DD Form 214).  Petitioner seeks a change to her reentry (RE) code from RE-3C to RE-1.  

2.  The Board, consisting of     , reviewed Petitioner’s allegations of error and injustice on 13 July 2020, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of enclosure (1), relevant portions of Petitioner’s naval service records, and applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows:   

     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
    b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.   
 
    c.  Petitioner enlisted in the Marine Corps and began a period of active duty on 14 October 2003.  During her enlistment, Petitioner received nonjudicial punishment (NJP) on two occasions and was counseled on numerous occasions for violations of the Uniform Code of Military Justice, a lack of maturity, poor judgement, and deficient decision making and leadership.  Petitioner was discharged from the Marine Corps on 13 October 2007, on the basis of MARCORSEPMAN paragraph 1005, Discharge for Expiration of Enlistment or Fulfillment of Service Obligation.   Her Certificate of Release or Discharge from Active Duty (DD Form 214) reflected an honorable characterization of service and an RE-1A.  Petitioner was issued a Correction to DD Form 214 Certificate of Release or Discharge from Active Duty DD Form 215) which indicates that her RE-1A was changed to RE-3C.  
 
    d.  In Petitioner’s application for correction, she asks that her RE-3C be changed to RE-1.  She contends that her record was changed from an RE-1A to an RE-3C without her consent. She also asserts that she is not now nor has she ever been a conscientious objector. 
 
CONCLUSION 
 
The Board considered that MCO 1900.16 states that an RE-3C is assigned “(w)hen directed by CMC or when not eligible and disqualifying factor is not .  .  . covered by any other code,” and that a “Page 11 entry [is] required stating reason for assignment.”  The Board noted that although Petitioner’s record reflects numerous administrative actions to include NJP and various counselings, her available record does not contain a Page 11 with the reason for the RE-3C that was issued on the DD Form 215.  Absent the required Page 11 entry, the Board determined that Petitioner is entitled to full relief. 
 
The Board noted that Petitioner indicates the RE-3C assignment was correlated to conscientious objection.  Pursuant to MCO 1900.16, an RE-3C is not exclusively assigned to situations of conscientious objection.  Nonetheless, the Board determined that the issuance of an RE-3C to Petitioner without the required Page 11 entry was erroneous and unjust. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued an updated Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect an RE code of RE-1A. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 10 June 2020. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the 
Secretary of the Navy.