DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6535-14
9 July 2015
Dear QTE
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 17 June 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 22 September 2008. You served for 11 months without
disciplinary incident, but during the period of 13 August 2009
to 5 November 2009, you received nonjudicial punishment (NUP)
and were convicted by summary court-martial (SCM). Your
offenses were underage drinking, driving under the influence of
alcohol, breaking restriction and failure to obey a lawful
regulation. During the period of 13 June 2012 to 27 July 2012,
you were issued written counseling for driving under the
influence of alcohol, failure to go to your appointed place of
duty and for below average proficiency and conduct marks due to
a pattern of misconduct. On 21 September 2012, 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. 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’NEILL
Executive Director
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