DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5029-14
13 July 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 in
a timely manner.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 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 3 December 2007. You served a year and one month
without disciplinary incident, but on 13 February 2009, you were
convicted by summary court-martial of unauthorized absence from
your unit for a period of 100 days. On 5 April 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 and the administrative remarks (Page 11)
dated 5 February 2014, signed by your former commanding officer.
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 error or injustice.
Sincerely,
ROBERT J. O’NEILLL
Executive Director
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