DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2450
TOR
Docket No: 2134-14
13 April 2015
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
Although your application was not filed ina 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 for Correction of Naval Records,
sitting in*executive session, considered your application on 31.
March 2015. 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, 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, began a period of active duty
on 5 September 2007, and served without disciplinary incident
until 14 January 2009, when you received nonjudicial punishment
(NIP) for driving under the influence, underage drinking, and
failure to obey a lawful order. Shortly thereafter, on 30 March
2009, you were counselled and advised that because of your NJP
you would be assigned an RE-3C reenlistment code. In this
regard, on 6 June 2011, you were honorably released from active
duty by reason of reduction in force, and assigned an RE-3C
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your reenlistment code. Nevertheless, the
Board concluded these factors were not sufficient to Warrant
relief in your case because of your misconduct. Finally, you
were assigned the most appropriate reenlistment code based on
your circumstances. Be advised that an RE-3C reenlistment code
May not prohibit reenlistment, but requires that a waiver be
obtained from recruiting personnel who are responsible for
determining whether you meet the requirements for reenlistment.
Accordingly, your application has been denied.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
O'NEILL .
Executive Director
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