DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8448-17 APR 29 2019 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 ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material or injustice. Consequently, your application has been denied. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2019. The names and votes of the members of the panel will be furnished upon request. Yom allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Docwnentary material considered by the Board consisted of yow-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 16 June 2008. You achieved the grade ofE-5, and served honorably in the Marine Corps until 2016. Your final fitness report for the period ending in October 2016 states that you were a highly reliable and tactically proficient non-commissioned officer who was emulated by yow· juniors and peers alike. You were highly recommended for resident PME, retention and promotion. On 9 October 2016, upon completion of your last period ofactive duty service, you were discharge with an honorable characterization of service and received a reentry (RE) code of RE-30. You have requested a change to the RE-30 reenlistment code you received at discharge. You state that on 30 May 2016, you were informed that when you reached the end of your service obligation on 9 October 2016, you would receive an RE-30 . You also state that you had shown no interest in staying on active duty but nonetheless were selected for an assignment with the FYI 7 ASST FO COMBAT Instruction East 2017 within six months of your end of active service obligation. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, including your statement that you were given an assignment within six months of the end ofyour enJistment contract despite showing no inclination to continue on active duty. Pursuant to MARCORSEPMAN, a reentry code ofRE-30 is assigned when a Marine refuses to extend or reenlist to obtain the obligated service necessary to carry out PCS or UDP. A service record book (SRB) entry is required stating reason for assignment of the RE30. The individual Marine must sign an SRB entry and have the opportunity to submit a statement. The RE-30 may only be assigned when directed by CMC and is not assigned to firstterm Marines. Marines assigned this code are not eligible for promotion, reenlistment, commissioning or warrant officer programs, special education programs, or involuntary separation pay, and their names will be administratively deleted from any promotion selection list upon which they appear. CMC authority is required for reenlistment. The Board noted that your SRB does not contain an entry pertaining to your RE-30 and its reason for assignment. However, the Board noted that in your application you state you were aware ofthe issuance ofthe RE-30 (due to the refusal of an assignment) as early as May 2016, six months prior to your discharge. The Board found that the lack ofan SRB entry was a harmless error because you knew of the RE-30 six months before your discharge, you state you had an awareness ofan assignment for which you did not wish to extend your enlistment obligation, and you do not contend that you were deprived of the opportunity to submit a statement regarding the issuance ofthe RE-30. The Board considered the six-month timeframe in which you were asked to accept an assignment with FYI 7 ASST FO COMBAT Instruction East 2017, but found that the period oftime did not create an error or injustice in the issuance of the RE-30. The Board noted that the MARCORSEPMAN a1lows for a waiver ofthe RE-30 and its assignment does not preclude you from seeking reenlistment. The Board concluded that you were assigned the RE-30 without material error or injustice and that a change to your record is not warranted. It is regretted that the circumstances of your 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 ofregularity 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 ofprobable material error or injustice. Sincerely, Executive Director