Docket No: 0065-20 
Ref: Signature date 


This is in reference to your application of 12 December 2019 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. 

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, sitting in executive session, considered your application on 12 May 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, 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 6 June 1985.  On 4 March 1986, you attended a Marine Corps briefing on drug and alcohol abuse.  On 7 September 1989, you received non-judicial punishment (NJP) for driving under the influence.  On 6 December 1989, you received NJP for wrongful use of a controlled substance.  On 28 January 1993, you were briefed by your command that you would receive an RE-4B reentry code.  You received an honorable discharge with an RE-4B reentry code on 22 February 1993. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code, and assertions that you are a highly decorated veteran with an Honorable discharge. The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code given your misconduct, which resulted in two NJPs. 

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.