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NAVY | BCNR | CY2002 | 09442-02
Original file (09442-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No:
11 September 2003

9442-02

Your allegations of error and

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 September 2003.
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, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Marine Corps on 13 December 1996 for four
years.
active duty on a previous enlistment.
counseled because you would not reenlist or extend your
enlistment for orders.
nonjudicial punishment for disobedience.
was a reduction in grade from sergeant to corporal (CPL; E-4).
You were released from active duty on 12 December 2000 in the
grade of CPL.
At that time you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code.
On 8 October 1992, Headquarters Marine Corps determined that an
RE-3C reenlistment code was more appropriate in your case, and
directed a change in your DD Form 214 to show that reenlistment
code.
change.
Regulations state that an RE-3C reenlistment code is assigned
when a restrictive reenlistment code is warranted and no other
code fits the circumstances.
An 
waived and reenlistment authorized.

Apparently, your record has been corrected to reflect this

At that time, you had completed almost four years of

About a year later, you received

RE-3C reenlistment code may be

However, the decision

On 7 October 1998 you were

The punishment imposed

whether or not to grant a waiver is a matter within the sole
discretion of recruiting authorities.
Since you were reduced in grade as a result of the NJP, you were
a CPL with almost eight years of service at the time of your
discharge.
This is the time in service limitation for a CPL and
this limitation apparently was a factor in your case.
disciplinary record,
length of service and grade at the time of
your discharge, the Board concluded that the restrictive RE-3C
reenlistment code is appropriate and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
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 and material
evidence or other matter not previously 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.

The names and

Given your

Sincerely,

2



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