DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 4929-14
6 May 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 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 5 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 and began a period of active
duty on 29 July 2002. On 6 October 2003, you were counseled
regarding driving under the influence (DUI) of alcohol. You were
warned that further misconduct could result in administrative
discharge action. On 29 July 2005, you received nonjudicial
punishment (NJP) for disobedience and drunken driving. On
1 December 2005, you received a second counseling and retention
warning for being absent from your appointed place of duty. On
13 June 2006, you were informed that you were not recommended for
reenlistment because of your DUI; and that you were being
assigned and RE-3C (Commandant of the Marine Corps authority
required for reenlistment) reentry code. On 29 July 2006, you
were honorably released from active duty at the completion of
your required service, and transferred to the Marine Corps
Reserves. 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, 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 separation 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 is 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.
OBERT J. O'NEILL
Executive Director
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