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NAVY | BCNR | CY2014 | NR3047 14
Original file (NR3047 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

RAR Pa ees eee OE RL A
OARS VN Uke see

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

,orme

 

SIN
Docket No: 3047-14
11 December 2014

 

Dear i we

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
ptates Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 November 2014. 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 and began a period of active
duty on 12 August 2002. On 12 April 2004 and 11 January 2007,
you received nonjudicial punishment for two instances of
disobedience and dereliction of duty. You remained on active
duty until you were honorably discharged at the expiration of
your enlistment on 13 October 2013. Your narrative reason for
separation was “non-retention on active duty.” At that time you
were assigned an RE-3C reentry code. In this regard, you were
assigned the most favorable reentry code based on your
circumstances. The RE-3C 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 entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and the reason you were not permitted to
reenlist. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in your reentry code given the
fact that you were not recommended for retention. In this
regard, an RE-3C reentry code is authorized when a Marine is
‘discharged at the expiration of their term of active obligated
service and is not recommended for retention. Additionally,
under the circumstances of your case, the code is required when
the narrative reason for separation is “non-retention on active
duty.” 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.

 

ROBERT J. O'NETLL
Executive Director

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