Docket No: 9645-18 
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 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 13 June 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 26 July 2010.  On 13 February 2013, 14 May 2013, and 11 July 2013, you were counseled due to being eligible but not recommended for promotion to corporal.  On 18 September 2013, you were convicted by summary court-martial for wrongfully communicating a threat to punch a private first class (PFC) in the face, ordering PFCs to conduct excessive physical training, forcing PFCs to have their heads shaved while in the squat position, forcing a PFC to low crawl with his face on the ground, forcing a PFC to low crawl through spit from chewing tobacco, kicking a PFC in the rib cage, and disheveling a room during field day.  Subsequently, due to reduction in force, you were released from active duty.  On 10 May 2014, you were discharged with an honorable characterization of service and assigned a reentry (RE) code of RE-3C.  RE-3C is assigned when “directed by CMC or when not eligible and disqualifying factor is not covered by any other code.” 
 
The Board carefully weighed all potentially mitigating factors and your contention the assigned reentry code does not reflect your honorable service or allow you to return to active duty within a branch of the military or work for law enforcement in federal, state, or local government.  The Board also considered your contention that you were never a “conscientious objector” but noted there is nothing in your record that indicates you were administratively processed as one and concluded you may be erroneously associating the RE-3C reentry code with “conscientious objector”.  The Board noted your record was incomplete in that it did not contain the required administrative remarks (page 11) entry stating the reason for the assignment of the RE-3C reentry code but determined the RE-3C reentry code assignment was authorized and appropriate.  Specifically, the Board determined it was not material error or unjust for you to be assigned a RE-3C when the page 11 is missing from your record.  Further, the Board noted your severe misconduct and your rank of E-2 after almost four years of service.  The Board concluded relief was not warranted in your case because a RE-3C reentry code is the authorized and appropriate code based on your record. 
 
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, 
 
8/7/2019
Executive Director