Docket No: 0614-21 
Ref: Signature Date 
             
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 10 February 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, and 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 Marine Corps and began a period of active duty on 6 March 2006.  On  1 June 2007, you received non-judicial punishment (NJP) for an unauthorized absence from 8 March 2007 to 21 May 2007.  The record reflects that you commenced a period of unauthorized absence on 19 May 2010 that subsequently concluded upon your return to military control on 3 January 2011.  The Board noted you signed your Certificate of Release or Discharge from Active Duty (DD Form 214) on 14 January 2011.  Your DD Form 214 reflects that you were honorably discharged upon completion of your required active obligated service on 14 January 2011, and assigned an RE-3C reenlistment code.   

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 desire to change your reenlistment code and contention that your record is incorrect in that your reenlistment code is listed as RE-3C, “conscientious objector.”  You further state that you have never objected to anything that your service required, nor is there any evidence anywhere that you were a conscientious objector.  You would have never objected to what was asked of you because you were a willing participant in the mission.   
The Board noted you did not submit any documentation or advocacy letters to be considered. 
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  In this regard, an RE-3C reentry code is authorized when a Marine is separated at the expiration of his or her term of active obligated service.  Further, an RE-3C reentry code does not prohibit reenlistment, but requires that a waiver be obtained from Marine Corps recruiting personnel who are responsible for reviewing the feasibility of satisfying the Marine Corps’ personnel manning goals by determining whether an individual meets the standards for reenlistment.  If you wish to reenlist, re-affiliate, or be reinstated in the Marine Corps, you should contact the Marine Corps Recruiting Command via your nearest recruiting facility.  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 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, 
2/24/2021
Executive Director