DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5406-16 Dear This is in reference to your application for corre.ction of your naval record pursuant to the provisions ofTitle 10, United States Code, Section 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 6April 2017. The names and votes ofthe 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, your naval record,,and applicable statutes, regulations, and policies. You enlisted in the Marine Cotj>s and began a period ofactive duty on 22 June 2009. It appears you served without disciplinary incident until 20 May 2010 when you received nonjudicial punishment (NJP) for possessing alcohol while underage, physically controlling a vehicle while under the influence of alcohol, and unauthorized absence from command PT. Based on your Certificate ofRelease or Discharge from Active Duty (DD Form 214), it appears you received an honorable discharge on 21 June 2013 after completion ofrequired active service. At that time, you were assigned an RE-3C reentry code. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board, in its review ofyour application, carefully weighed all potentially mitigating factors, your desire to upgrade your reentry code so you may continue service in a reserve unit, and your contentions that you served as a team leader and squad leader while only being an completed all assigned missions, and have never picketed or protested against the United States or the military. The Board also considered your combat service and deployments but concluded these factors were not sufficient to warrant changing your RE-3C reentry code given your NJP for physically controlling a vehicle while under the influence ofalcohol. In this regard, an RE3C reentry code is authorized by regulatory guidance and assigned when directed by the Commandant ofthe Marine Corps or when not eligible and the disqualifying factor is not covered by any other code. The RE-3C reentry code may not prohibit reenlistment, but requires that 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 ofyour reentry code is feasible. In the end, the Board concluded that you received the correct reentry code. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, Executive Director