DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001  
ARLINGTON, VA 22204-2490

Docket No: 8864-18                                                            
Ref: Signature Date 

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 the entire record, 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. 

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 21 October 2019.  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 7 February 2005.  On 12 July 2006, you were counseled that you were not recommended for promotion to corporal.  On 21 July 2006, you received nonjudicial punishment (NJP) for underage drinking and liberty order violations.  On 26 May 2010, you were counseled that you were not recommended for promotion to sergeant.  On 2 June 2010, you received a second NJP for operating a motor vehicle while intoxicated and failure to report a motor vehicle accident.  Although not all documents were found in your service record, you were counseled prior to separation.  On 9 January 2014, you received an honorable discharge with reentry (RE) code 3C. 

You requested the Board change your reentry (RE) code from 3C, Conscientious Objector (CO), to RE-1 or RE-1A.  You asserted that you never sought CO status nor provided evidence in support of a claim, and that you did not request separation or assignment to noncombatant status.  Additionally, you stated you reenlisted for a second tour in support of combat operations, and at the request of the government, voluntarily extended in support of.  The Board found no error in the records.  A reentry code of RE-3C does not indicate CO for Marine Corps discharges, but rather, it is used when directed by the Commandant of the Marine Corps (CMC), or when a Marine is not eligible due to a disqualifying factor not covered by any other code and CMC authority waiver is required for reenlistment.  Additionally, if a Marine is discharged as a CO, it would be indicated in the narrative reason for separation.  The Board relied on a presumption of regularity to support the official actions of public officers, in the absence of substantial evidence to the contrary, and presumed that they have properly discharged their official duties in counseling you prior to separation on your reentry code.
 
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, 


11/27/2019