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

Docket No: 4068-19 
Ref: Signature Date 

Dear

This is in reference to your application 5 April 2019 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 that 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 16 January 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 reenlisted in the Marine Corps on 2 December 2014.  On 5 September 2018, you received an administrative remarks entry (Page 11) noting your assignment of reenlistment eligibility code RE-3O because you would not extend or reenlist to comply with permanent change of station (PCS) orders.  You signed the Page 11 but chose not to submit a statement. On 1 December 2018, you were discharged at the completion of your required active service and assigned a RE-3O (refused to extend or reenlist to deploy or to incur obligated service for orders received) reentry code, the authorized code based on your circumstances.
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and 
considered your contention that you never had “any intention of reenlisting” and never submitted 
a reenlistment package but you were still issued orders and forced to sign the Page 11.  The Board also considered your contention the reentry code assignment was “not fair” because it does not reflect your performance during your eight years on active duty.  The Board, noting your performance record and specifically the documentation submitted with your package, concluded these factors were not sufficient to establish an error or injustice warranting a change to your RE-3O reentry code.  An RE-3O reentry code is authorized by regulatory guidance and was assigned when you refused to reenlist or extend in order to execute PCS orders.  The RE-3O reentry code may not prohibit reenlistment, but requires a waiver be obtained.  Recruiting personnel are responsible for determining whether you meet the standards for reenlistment and whether or not a request for a waiver of your reentry code is feasible.  In the end, the Board concluded that you received the authorized and appropriate 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,