Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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 29 January 2021.  The names and votes of the panel members 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 the 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 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).     
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps on 24 August 2015.  On 13 October 2017 you received non-judicial punishment (NJP) for insubordinate conduct, and you also received and signed a “Page 11” counseling entry documenting your misconduct and NJP.  The Page 11 warned you that any further Uniform Code of Military Justice violations may result in judicial proceedings or adverse administrative action.  On 8 February 2018 you received a Page 11 counseling entry documenting your being in the custody of civilian authorities and being released on $1,500 bond in County for a court appearance on 5 March 2018.  On 17 March 2018 you received a Page 11 counseling entry documenting a failure to go to a medical appointment on 12 March 2018.  On 21 May 2018 you received NJP for unauthorized absence (UA) that lasted fifteen (15) days. 
 
On 27 July 2018 your command initiated administrative discharge proceedings by reason of misconduct due to a pattern of misconduct.  You expressly waived your rights to consult with counsel, include a written statement, and present your case to an administrative separation board.  In the interim, you received a Page 11 documenting a three-day UA in August 2018.  Ultimately, on 7 February 2019 you were discharged from the Marine Corps with an other than honorable (OTH) characterization of service and assigned an RE-4 reentry code.  In this regard, you were assigned the correct characterization and reentry code based on your factual situation.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to your contentions that:  (a) you are not a bad Marine and your record only consists of a few Page 11s and two NJPs, (b) you have been told multiple times you have potential to excel in another branch of service, (c) you are only asking for an opportunity so you can join another branch of service, (d) you are physically and mentally fit, and (e) you deserve this opportunity because many Marines you know have done worse than you but were still given a better discharge.  Based upon this review, however, the Board concluded these potentially mitigating factors were insufficient to warrant relief. 
 
Specifically, the Board determined that your Marine Corps service records and DD Form 214 maintained by the Department of the Navy (DoN) contain no known errors.  The Board did not believe that your record was otherwise so meritorious to deserve a discharge upgrade or change in your reentry code, and the Board determined that Marines should receive no higher discharge characterization and reentry code than is due.  Moreover, absent a material error or injustice, the Board generally will not summarily make changes to service records solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  Lastly, even in light of the Wilkie Memo and reviewing the record holistically and given the totality of the circumstances, the Board determined that your request does not merit relief.  Accordingly, the Board concluded that you received the correct discharge characterization and reentry code based on your overall circumstances and that such characterization and reentry code were in accordance with all DoN directives and policy at the time of your discharge. 
 
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,