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

Docket No: 5271-19
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 28 October 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, and applicable statutes, regulations, and policies.

Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined 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 20 July 2009. On 2 September 2014, you were counseled for allowing a fellow Marine to drive while intoxicated on liberty. You were advised that failure to take corrective action could result in administrative separation or judicial proceedings. On 11 April 2017, you received nonjudicial punishment (NJP) for driving under the influence, with a blood-alcohol content of .135%. As a result, you were awarded reduction in grade to E-4. On 12 April 2017, you were counseled that you were not recommended for promotion due to your recent NJP. On 19 May 2017, you were honorably discharged at the completion of your required active service with a reentry (RE) code of RE-3C.

You request that the Board change your RE code because you believe that it indicates you are a conscientious objector (CO).  In support of your petition, you attached a personal statement about your service.  You served in the infantry, achieved the rank of E-5, deployed to Afghanistan in 2011, and received multiple awards, including the Combat Action Ribbon and the Navy Marine Corps Achievement Medal. You acknowledge you were reduced to E-4 before exiting the Marine Corps because of a DUI, but note that, since your discharge, you have completed a substance-abuse program.  Lastly, you state that you learned from your mistake and it has made you a better person, your driving privileges have been restored, you are working full time, and are applying for re-entry into the Naval Reserves. The Board carefully weighed all potentially mitigating factors, such as your record of service, post-service conduct and accomplishments, and desire to re-enter the Service, as well as your contentions but found no error or injustice in your record. In the Marine Corps, unlike other Services, an RE-3C does not indicate a Marine is a CO. Rather, an RE-3C is assigned either when directed by the Commandant of the Marine Corps (CMC) or when the disqualifying factor is not covered by any other code. An RE-3C requires CMC authority for reenlistment. Additionally, if a Marine is a CO, it is documented in Block 28, Narrative Reason for Separation, on the DD Form 214. The Board noted that the appropriate venue for you to seek reenlistment into the Naval Reserves is to obtain a CMC waiver via a prior-service recruiter.

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 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,