DEPARTMENT OF THE NAVY
BOARD FOR CGRRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2138-14
19 March 2015
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. The application was filed ina timely
manner.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 ‘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 oe
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 24 October 2005. You served for four years and six
months without disciplinary incident, but on 19 May 2010, you
received nonjudicial punishment (NIP) for failure to obey a
lawful regulation and drunken and reckless operation of a
vehicle. On 9 November 2013, you were honorably discharged from
active duty at completion of required service 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 reenlist. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
reenlistment code. Furthermore, the RE-3C code.may not prohibit
reenlistment, but requires 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
érror or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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