Docket No: 5225-20             
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 relevant portions of your naval record and your application, 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 10 August 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 2 April 2012.  On 6 June 2014, you were found guilty at summary court-martial for violating Uniform Code of Military Justice (UCMJ), Article 91 (violating a lawful general order by wrongfully hazing four separate junior enlisted Marines), Article 107 (making a false official statement regarding the cause of a lance corporal’s injuries), and Article 128 (assault, four specifications).  On 2 September 2015, you were meritoriously promoted to the rank of lance corporal.  You were discharged from the Marine Corps on 25 April 2017, upon completion of your required period of active service, and received an honorable characterization of service and a reentry (RE) code of RE-3C (directed by Commandant of the Marine Corps or ineligible for reenlistment). 
 
In your application for consideration, you ask that your RE-3C be changed to an RE-1 (eligible for reenlistment).  You state that you were involved in an incident involving a whole squad of Marines being punished.  You were reduced to the rank of private and confined for 30 days.  Following the incident, you received orders to your new unit where you worked diligently to contribute to the mission and be a valuable member of the team.  Your efforts were recognized and you were meritoriously promoted.  You ask that the RE code reflect your overall service and that you not continue to be punished for a moment in time. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your post misconduct contributions, your diligence in earning an honorable discharge and the letters of support you submitted with your application.  The Board noted that MCO 1900.16 series states that an RE-3C is assigned when directed by CMC or when not eligible for reenlistment and the disqualifying factor is not covered by any other code.  The Board found that the even in consideration of your efforts following your summary court-martial conviction, the seriousness of hazing fellow Marines supported the issuance of the RE-3C.  The Board concluded that your RE-3C is neither erroneous nor unjust, and does not merit corrective action. 
 
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 the 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,