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

Docket No: 10628-19 
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 16 December 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 Navy and began a period of active duty on 29 November 1999. On 7 December 2007, you were counseled regarding being out of standards and assigned to the Body Composition Program (BCP).  You were advised that failure to take corrective action could result in administrative separation.  On 27 March 2008, you were tried by special court-martial (SPCM) for fraternization and adultery.  You were convicted of failure to obey a lawful order and fraternization.  You were sentenced to forfeiture of pay, confinement, and reduction in rank to E-3. On 9 June 2008, you were counseled regarding BCP failure.  On 26 August 2008, you were counseled that you were not recommended for promotion to corporal.  On 12 January 2009, you signed a page 11 counseling entry acknowledging that you were advised by your commanding officer that you were not  recommended and not eligible for reenlistment because of service limitations due to your court-martial conviction.  On 14 February 2009, you were discharged with an honorable characterization of service at the completion of your required active service, and assigned a reentry (RE) code of RE-3C. 

You request the Board change your RE code.  You assert, “Current DD-214 Re-enlistment Code reads RE-3C or Conscientious Objector, which is incorrect.  I have not now, nor have I ever been a Conscientious Objector, at any point during my enlistment…  A review of the same DD-214, which has the RE-3C Code, also shows awar[d]s for my participation in Operation Iraqi Freedom.”  The Board found no error in your record.  The RE-3C does not mean you were a Conscientious Objector.  The Marine Corps assigns an RE-3C when directed by the Commandant of the Marine Corps (CMC), or when a Marine is not eligible to reenlist and the disqualifying factor is not covered by any other code.  You have an entry in your official record informing you that CMC authority is required for reenlistment.  Additionally, if you had been discharged as a Conscientious Objector, it would be indicated on your DD Form 214, narrative reason for separation. 

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.