DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4248-21 Ref: Signature Date Dear Petitioner: 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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 30 July 2021. The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the U.S. Marine Corps and began a period of active duty on 10 June 1992. You voluntarily separated on 9 June 1996 and transferred to the Marine Corps Reserves. You were discharged with an honorable characterization of service and an RE-3C reentry code. Your Certificate of Discharge or Release from Active Duty (DD 214) reflects you are authorized the following decorations: National Defense Service Medal, Navy Unit Commendation, Letter of Appreciation, and a Rifle Sharpshooter Badge. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that your DD 214, should be corrected by replacing “rifle sharpshooter badge” with “rifle expert badge,” and include a Good Conduct Medal (GCM) dated “960621.” You further assert that your DD214 incorrectly lists the reentry code as RE-3C. The Board noted in reviewing your official military personnel file, the DD 214 correctly reflects the appropriate rifle qualification badge. You achieved a score of 218 on 1 September 1994 which corresponded to a “sharpshooter” (enclosed). The Board also noted there is no indication in your service record that you were awarded the GCM. Although your DD214 indicates that your GCM period commenced on 21 June 1993, which would make your eligibility date 21 June 1996, the Board took into consideration that your last non-judicial punishment occurred on 15 November 1995, and concluded this would have re-started the three consecutive years of “honorable and faithful service” requirement in order to be awarded the medal. The Board further concluded the “930621” entry was made in error. Lastly, The Board advises that the RE-3C reentry code was used for Navy and Marine Corps personnel who did not fulfill their active service obligation and would thus require a waiver from the respective Service Chief to reenlist. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your contentions above. However, based upon this review, the Board concluded there was insufficient evidence to warrant relief. Specifically, the Board determined your rifle qualification badge and assigned reentry code were appropriate given the documented evidence in your service record and your voluntary release from active service, respectively. Further, the Board determined that you were not awarded or authorized the GCM. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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, 8/20/2021 Executive Director