Docket No: 7031-19 
Ref: Signature Date    
 
 

Dear  
 
This is in reference to your application of 11 July 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. 
 
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 2 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 26 January 2005.  On 1 May 2006, you began a period of unauthorized absence (UA) that continued until 28 May 2006.  On 31 May 2006, you were counseled regarding UA and advised that failure to take corrective action could result in administrative separation or judicial proceedings.  On 5 June 2006, you began a second period of UA that lasted until 5 November 2006.  On 12 March 2007, you were counseled that you were eligible, but not recommended for promotion to lance corporal due to lack of trust and judgment.  On 27 April 2007, you were convicted by special court-martial (SPCM) for missing movement, and disobeying a lawful order.  You were sentenced to forfeiture of pay, confinement, and reduction in rank to E-1.  On 25 January 2009, you were discharged with an honorable characterization of service at the completion of your required active service and assigned a reenty (RE) code of RE-3C. 
 
You request that the Board change your RE code from RE-3C to RE-1 because you are interested in reenlisting in another service.  You assert that a recruiter showed you that you have a RE-1A 
in the Re-Enlistment Eligibility Data Display (REDD), and you would like your DD Form 214 to reflect that.  In support of your petition, you attached a printout of the REDD with the following information:  “RE Code - RE-1A, SEP code MBK1, (25 JAN 2009) released from AD to IRR and RE code RE-1A, SEP code KBK, (31 JAN 2012) no further obligation.” 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions, and concluded these factors were not sufficient to warrant a change to your RE code.  Additionally, the Board found no error in the records.  The Board noted that the REDD may contain inaccurate information and is not part of your official military record.  A RE-3C is assigned 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.  A RE-3C requires a CMC waiver for reenlistment. 
 
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.