DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 7372-14
3 August 2015
Dear
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
27 July 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 8 August 1995. Your record is incomplete, in that it
does not contain all of the documentation regarding your
separation. However, the Board found that on 20 June L999, you
signed an Administrative Remarks (Page 11) entry acknowledging
that you were being assigned an RE-3C reentry code due to
receiving orders, in response to a humanitarian separation
request (HUMS). You were honorably released from active duty on
7 August 1999. At that time you were assigned and 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
vecruiting LacLility.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and the reason for your release from
active duty. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your reentry code
given the fact that you were released from active duty, based on
what appears to be your HUMS request. In this regard, an RE-3C
reentry code is authorized when a Marine is released from active
duty at the completion of their required service as a result of a
HUMS request. Finally, Board regulations state that personal
appearances before the Board are not granted as a right, but only
when the Board determines that such an appearance will serve some
useful purpose. In your case, the Board determined that a
personal appearance was not necessary and considered your case
based on the evidence of record. Accordingly, your application
has been denied.
Tt 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.
Sincerel
OBERT J. O'NEILL
Executive Director
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