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

Docket No: 4712-19 
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.
 
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 5 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 Marine Corps and began a period of active duty on 11 March 2008. On 23 December 2008, you received nonjudicial punishment (NJP) for Underage Drinking and Drunk Driving.  On
6 January 2009, you were not recommended for promotion to Lance Corporal.  On 1 April 2009, you were counseled for Underage Drinking and all suspended punishments from the NJP were vacated.  On 27 September 2010, you were assigned an RE-3C reentry code due to your NJP and you declined to submit a statement.  You were separated on 10 August 2012 with an Honorable characterization of service and an RE-3C reentry code.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code and your assertions that you fulfilled your contractual obligation and were separated for completion of your active duty service commitment.  Also, the Board considered that you voluntarily requested to extend your separation date and completed drone flight school.  The Board also considered your contentions that you were never a conscientious objector and were denied a lateral job movement.  The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code given your misconduct, which resulted in NJP and a counseling.  Also, the Board noted that the RE-3C reentry code is not only assigned to conscientious objectors but may be directed by the Commandant of the Marine Corps (CMC) or when not eligible and the disqualifying factor is not covered by any other code. CMC can waive an RE-3C reentry code and authorize reenlistment.  The Board noted you waived your procedural rights in connection with your assignment of reentry code.  By doing so, you gave up your first, and best, opportunity to advocate for a more favorable 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,