Docket No: 2373-20 
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 the entire record, 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. 
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 2 September 2014.  On 14 December 2017, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  You were counseled and advised that further deficiencies in performance or conduct could result in administrative separation and judicial proceedings.  On 1 February 2018, you were counseled due to receiving a conduct mark below 4.0 due to your recent NJP.  On 31 July 2018, administrative discharge proceedings were initiated by reason of misconduct due to drug abuse.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) conditions discharge.  On 5 August 2018, you were authorized annual leave from 6 August until your date of separation.  On 1 September 2018, you were discharged with an honorable characterization of service and a reentry (RE) code “RE-4B.” 
 
You request that the Board change your RE code; however, you did not specify the RE code you are seeking.  You assert that upon exiting the Marine Corps in September 2019, you were being considered for reenlistment, but due to lack of knowledge within your last command, your reenlistment package was submitted late and you were not offered the opportunity to extend your current contract until the day before your end of active service (EAS).  You assert that you received a telephone call from your career planner, but at that time, you were on terminal leave, had recently moved your family and started a new job.  You state you could not pay for a plane ticket back to the Marine Corps base and you could not leave your job without giving proper notice. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your RE code. Your original service record was incomplete and did not contain any documentation pertaining to why, or by whom, your administrative separation process was terminated.  With respect to your contention that you were offered the opportunity to reenlist, the Board noted that your record of service does not contain any records to support it.  Additionally, the Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 
 
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,