Docket No: 8200-20 
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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 18 December 2020.  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 on 11 January 2019.  On 24 August 2016, you received an administrative remarks entry (Page 11) noting your assignment of reenlistment eligibility code RE-3O because you would not extend or reenlist to deploy or to incur obligated service for orders received.  You signed the Page 11 but chose not to submit a statement.  On 4 September 2017, you were discharged at the completion of your required active service and assigned a RE-3O (refused to extend or reenlist to deploy or to incur obligated service for orders received) reentry code, the authorized code based on your circumstances.   
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were assigned a RE-3O because you refused to go on recruiting duty after you were denied your request to be a combat instructor.  You further contend it was not “fair that they gave the code because I was close to getting out” and the Page 11 you received “did not say anything about me not being able to come back to the military after I got out.”  The Board also considered your contention you are seeking a commissioning as an officer in the U.S. Air Force but they will not waive the reentry code.  The Board concluded these factors were not sufficient to establish an error or injustice warranting a change to your RE-3O reentry code.  An RE-3O reentry code is authorized by regulatory guidance and was assigned when you refused to incur obligated service for orders.  The RE-3O reentry code may not prohibit reenlistment, but requires a waiver be obtained.  Recruiting personnel are responsible for determining whether you meet the standards for reenlistment and whether or not a request for a waiver of your reentry code is feasible.  The Board further noted the Page 11 you signed does address your eligibility for commissioning programs.  In the end, the Board concluded you received the authorized and appropriate reentry code.   
 
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 RE-3O reentry code to a RE-1 (recommended for reenlistment) reentry code and contentions discussed above.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined your assigned reentry code was authorized and appropriate.  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,