Docket No: 1149-20            
Ref: Signature Date 
 
 
Dear :  
 
This 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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
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 16 November 2020.  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, and applicable statutes, regulations, and policies, to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. 
 
You entered into the Marine Corps Reserve and served honorably for your initial active duty training period from 11 October 2005 to 26 April 2006.  After your completion of the initial period of active duty, you received a felony conviction for assaulting a federal employee.  In your application for correction, you provide information about the circumstances of the conviction and state that you accidentally shot a mail carrier with a BB gun.  On 3 August 2007, you were notified of administrative separation proceedings against you for the assault of a United States Postal Service mail carrier.  In 2008, your chain of command noted that you had not drilled since August 2006 due to incarceration, and recommended that you be administratively discharged with an other than honorable characterization of service.  In 2009, you were discharged from the Marine Corps on the basis of the commission of a serious offense and received an other than honorable characterization of service and a reentry (RE) code of RE-4.   
 
In your application for correction, you ask for a change to your RE code from RE-4 to RE-1.  You believe the RE-4 to be in error because you are capable of serving in the military.  You provide evaluation scores from before your 2006 arrest, and provide ASVAB test scores from February 2020, which reflect a percentile score of 80.  You also submit letters of recommendation and a personal statement which cite your professionalism, character and life accomplishments to include earning your Bachelor’s degree from the University of .  You state that it was juvenile and risky to attempt to hit your mailbox with a person standing so close, and that you entered a plea of guilty upon the advice of your public defender. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your desire to return to military service, your achievements since your conviction, and your initiative with regard to reenlistment. In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief.   The Board found that the seriousness of a felony conviction for assault on a mail carrier was not overcome by your positive contributions, strong ASBAV skills, dependability and educational and professional achievements.  The Board determined that the RE-4 was warranted given the seriousness of your misconduct, and that the RE-4 was issued without error or injustice. 
 
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 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.   
 
                                               Sincerely,