DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 0043-20                                                            
Ref: Signature Date 

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 24 February 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 7 August 2017.  On 2 April 2018, you were convicted by summary court-martial (SCM) for violating Article 91(disobedience by refusing to train on two occasions) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to forfeitures of pay, confinement for 30 days, and reduction in rank to E-1.  Subsequently, administrative discharge action was initiated to separate you from the naval service.  On 11 May 2018, you were discharged with an other than honorable (OTH) characterization of service and assigned a reentry (RE) code of RE-4. 

You request the Board change your RE code to RE-1.  You assert that you were young at the time and did not completely understand what you wanted to do with your career.  In support of your petition, you attached a personal statement entitled “Reason On My Behalf Of Leaving The Marine Corps.” You wrote that during the last physical training session at boot camp you overstretched a muscle in your left leg.  While home on leave, you continued to have pain.  At the School of Infantry, you fell out during first the first 5k hike and injured your knee.  You state that took pain medications and rested; however, you failed your second infantry test due to fatigue and lack of sleep.  You state that you were recycle to a new company and it was difficult to stay motivated.  You state that you began to question your decision to join the Marine Corps instead of another branch.  You also state that while in separation platoon, you had to do jobs that did not make sense to you and you thought that it was harassment.  You claim that after your discharge you received “hate” messages from people you grew up with who were Marines, and so you told some of them your recruiter lied about your having an OTH. Lastly, you state that you wanted to join the Army when you were in middle school and would like the chance to do so now and serve your country. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions.  However, the Board concluded that these factors were insufficient to warrant a change to your discharge given your misconduct and refusal to train.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Marine Corps.  However, the Board noted that you provided no evidence to support your contentions.  Absent of 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 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. 

Sincerely, 

3/31/2020