DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 01427-12
15 February 2012
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 14 February 2012. 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, your naval record, and applicable statutes,
regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 8 August 2007. The Board found that on 29 October 2007,
you received nonjudicial punishment (NJP) for larceny from
another recruit. You received a forfeiture of pay, restriction,
and extra duty. Subsequently, you were processed by reason of
entry level performance and conduct and received an
uncharacterized discharge. At that time, you were assigned an
RE-3F reentry code. In this regard, you were assigned the most
favorable reentry code based on your circumstances. The RE-3F
reentry code may not'prohibit reenlistment, but requires that a
waiver be obtained from recruiting personnel who are responsible
for reviewing the feasibility of satisfying the Marine Corps
personnel manning goals by determining whether or not 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.
The Board in its review of your application carefully considered
all potentially mitigating factors, such as your youth and short
period of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge or changing your reentry code given your NJP, and
the fact that an entry level separation is assigned in every
case in which an individual is discharged prior to completion of
180 days of active duty. The Board thus concluded that there is
no error or injustice in the entry level separation or reentry
code. Accordingly, your application has been denied. The names
and 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.
Sincerely,
Non P
Ei D
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