DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 4510-14
29 April 2015
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
28 April 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 and began a period of active
duty on 29 April 2002. On 10 September 2003 and 23 June 2005,
you received nonjudicial punishment (NUP) for disrespect and use
of provoking speech. On 6 April 2006, you signed a service
record entry acknowledging that you were being assigned an RE-3C
reentry code, and you were not being recommended for reenlistment
because of your two NJP’s. You were honorably released from
active duty on 28 April 2006, at the completion of your required
service. At that time, you were assigned an RE-3C reentry code.
i
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, the reason you were not permitted to
reenlist, and your desire to upgrade your RE-3C reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reentry code given the
reason for your discharge, and the fact that your current reentry
code is authorized and eligible for a waiver. In this regard, an
RE-3C reentry code is authorized when a Marine is released from
active duty and not recommended 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.
ROBERT J. O’NEILL
Executive Director
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