Docket No: 4569-20 
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. 

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 17 February 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 

You enlisted in the Marine Corps and began a period of active duty on 22 October 2002.  On 30 March 2004, you received non-judicial punishment (NJP) for wrongfully consuming alcohol while under the legal age and drunken reckless operation of a vehicle.  Additionally, on 
30 March 2004, you were issued an Administrative Remarks (Page 11) counseling concerning your failure to obey rules and regulations regarding your consumption of alcohol which resulted in you receiving a DUI.  On 14 August 2006, your commanding officer (CO) issued you a Page 11 informing you that you were not eligible for reenlistment because of not meeting reenlistment prerequisites due to your DUI on your current contract, and that you would be assigned a reenlistment code of RE-3C.  Thereafter, on 21 October 2006, you were honorably discharged upon the completion of your required active service.  
   
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to change your reenlistment code and contentions that that your reentry code is for conscientious objector despite the fact that you were never a conscientious objector and have no idea why it states so, and your reentry code is now affecting your background checks for employment. 

Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  The Board noted that an RE-3C reentry code is authorized when a Marine is separated at the expiration of his or her term of active obligated service and not recommended for reenlistment.  An RE-3C reentry code does not relate to conscientious objector status, and does not completely bar reenlistment; however, it requires that a waiver be obtained from Marine Corps recruiting personnel who are responsible for reviewing the feasibility of satisfying the Marine Corps’ personnel manning goals by determining whether an individual meets the standards for reenlistment.  If you wish to reenlist, re-affiliate, or be reinstated in the Marine Corps, you should contact the Marine Corps Recruiting Command via your nearest recruiting facility.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 

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,