Docket No: 7380-19 
Ref: Signature Date           
 
 
 
Dear : 
 
This is in reference to your application of 15 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 6 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 28 January 1987.  On 1 February 1993, you were promoted to sergeant (E-5).  On 14 August 1995, you were counseled regarding assignment to a weight control program due to being out of standards and advised that failure to take corrective action could result in administrative separation.  On 10 May 1996, you received another counseling for failure to meet weight standards and again warned about the potential of administrative separation.  On 18 November 1998, you had your final physical and you were not within weight standards.  You were unable to reenlist and not qualified for service in the reserve due to non-selection as a staff non commissioned officer (SNCO).  On 18 December 1998, your commanding officer (CO) disapproved your request for a 24-month extension because you had not maintained Marine Corps standards of leadership and personal appearance expected for your grade and years of service which resulted in numerous adverse performance ratings.  On 29 December 1998, your CO approved your request for a two-month extension for transition.  On 27 January 1999, you requested mast to your CO to reconsider approving your extension request.  Your CO explained that you were not competitive for reenlistment or promotion with your peers and you expressed your belief that it was unfair.  On 26 February 1999, you received a Commandant of the Marine Corps (CMC)-directed mandatory page 11 entry assigning you a reentry code of RE-3C.  On 28 February 1999, you were discharged with an honorable characterization of service at the completion of your required active service, a separation code JBK1, and a reentry code RE-3C. 
 
You request that the Board change your reentry code.  You assert a RE-3C indicates you were a conscientious objector (CO), but there is nothing in your record to support it.  You were drill instructor and completed the marksmanship instructor course.  You state you were on duty during the Persian Gulf conflict and participated in  as a Merchant Marine in the .  In support of your petition, you attached your extension request, request mast application, and Merchant Marine Award for . 
 
The Board found no error in the records.  In the Marine Corps, the reentry code RE-3C does not mean the service member was a conscientious objector.  Rather, it is used when directed by CMC, or when a service member is not eligible to reenlist and the disqualifying factor is not covered by any other code.  A counseling entry stating the reason for assignment of a RE-3C must be placed in the service member’s record.  Further, if a service member is a conscientious objector, it is indicated on his or her DD Form 214 narrative reason for separation.  The Board noted your record contained the required counseling entry, and the narrative reason for separation on your DD Form 214 does not reference conscientious objector. 
 
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.