DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 3611-14
12 May 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.
Although your application was not filed in a 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
1 May 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 6 June 2005, and served for about two years and nine months
without disciplinary incident. However, on 19 March 2008, you
received nonjudicial punishment (NJP) for drunk and reckless
driving and failure to obey an order. On 5 May 2010, you were
honorably released from active duty upon completion of active
service. At that time, you were assigned an RE-3C reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your reentry code.
The Board also considered your assertion that your reentry code
reflects an isolated incident and not your overall service.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant a change of your reentry code, given your
misconduct which resulted in NJP. In regard to your assertion,
the Board noted that although administrative separation is
appropriate for alcohol related offenses, the Board believes
that, on account of your overall service, considerable clemency
was extended when your commanding officer opted for NJP and
partially suspended the punishment awarded. Finally, the Board
noted that an RE-3C reentry code is authorized by regulatory
guidance and may not prohibit reenlistment or commissioning, but
requires that a waiver be obtained from recruiting personnel who
are responsible for determining whether you meet the
requirements for reentry. 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.
Sincerely,
ROBERT J. NEILL
Executive Director
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