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

Docket No: 11312-19 
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.
 
A three-member panel of the Board, sitting in executive session, considered your application on 24 February 2020.  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 11 August 2014.  On 8 August 2016, you were counseled for violating safety regulations on the rifle range.  On 13 July 2017, you received nonjudicial punishment (NJP) for failure to obey a lawful order and drunken or reckless operation of a vehicle (blood alcohol content .08).  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank to E-3.  On 17 July 2017, you were warned that failure to take corrective action could result in administrative separation and/or disciplinary action.  On 29 January 2018, you signed a counseling entry that read:  “I have been informed by my CO that I am not eligible for reenlistment and I have been assigned a reenlistment (RE) code of 3C.  I have also been found unqualified for the Reserve and the requirement to serve 36 months is waived.” On 10 August 2018, at the completion of your required active service, you were discharged with an honorable characterization of service and assigned an RE code of RE-3C. 

You request the Board change your RE code because you desire to affiliate with the Marine Corps Reserve.  You assert that you were found not guilty of driving while impaired (DWI), but rather of reckless driving in civilian court.  However, in addition to your NJP you received an RE code of a 3C.  In support of your petition, you attached the citation, plea, and magistrate’s order from Onslow County, NC. 

An RE code of RE-3C is authorized when directed by the Commandant of the Marine Corps (CMC) or when a Marine is not eligible to reenlist, but the disqualifying factor is not covered by any other code.  An entry in the Marine’s official record stating the reason for assignment and signed by the Marine is required.  The Board noted that your record contained the required documentation.  The Board found no error in the record and denied your request to upgrade the character of your discharge.  The Board noted that an RE-3C code can be waived by CMC. You should visit your prior service recruiter to request a waiver. 

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,