Docket No: 3290-19                                                                                                               
Ref: Signature date 
 
Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 21 October 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to its understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 10 June 2013.  On 22 November 2013, you received an honorable discharge at the completion of your required active duty service and you were joined to a unit in the Selected Marine Corps Reserve (SMCR).  On 7 September and 8 November 2014, counseling entries (page 11) were placed in your record documenting that you had missed mandatory reserve drills with your unit.  On 2 February 2016, a page 11 entry was placed in your record documenting that your promotion was restricted for 12 months due to unsatisfactory participation in the SMCR.  Subsequently, administrative action was initiated to separate you from the naval service by reason of unsatisfactory performance/participation in the SMCR.  Your command made delivered your administrative separation notification at your address of record by certified mail; however, you failed to return the acknowledgment of procedural rights, thereby waiving those rights.  Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service, and the separation authority agreed and approved your separation from the Marine Corps.  On 16 April 2016, a page 11 entry was placed in your record documenting that you were not recommended for promotion due to your pending administrative separation.  On 4 May 2016, the staff judge advocate reviewed your administrative separation package and noted that your medical records were screened and showed no evidence of post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and that you had missed nine drill periods.  On 10 May 2016, you received an OTH discharge and a reentry (RE) code of RE-4. 
 
You request that the Board change your RE code.  You asserted:  “I was never given a reason on why I was getting a RE-4 nor did I sign anything before I EAS’d.”  The Board found no error in the records.  The Board noted you did not receive a RE code at the end of your active service, but rather your DD Form 214 reads “N/A” due to the fact that you transferred to the SMCR.  The Board noted that you were unavailable for signature due to not attending drill, and that you failed to return your acknowledgment of rights after receiving your administrative separation notification by certified mail at your address of record. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  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.