Docket No. 7169-20
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 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 March 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, 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 and began a period of active duty on 24 July 2001.  On 23 April 2003, you acknowledged a 6105 counseling entry for violation of Article 92, UCMJ, failing to obey an order.  On 15 July 2008, you acknowledged a second 6105 counseling entry for an alcohol-related incident on board Naval Air Station, , while an instructor for the Center for Naval Aviation Technical Training Unit.  On 29 June 2017, you acknowledged a third 6105 counseling entry, notifying you of your removal from the Ground Support Equipment Division for fostering a toxic climate.  Subsequently, on 30 June 2017, you submitted a rebuttal statement claiming that you were not aware of an investigation to substantiate the allegations against you, specifically, misusing or abusing your power, which would be made a permanent part of your record.  On 22 November 2017, you were convicted at a Summary Court-Martial for larceny of government property and reduced to the rank of Staff Sergeant/E-6.  On 21 December 2017, you submitted a temporary early retirement request.  Your Commanding Officer recommended approval of your request; however, it was ultimately denied.  In March 2018, you submitted a reenlistment lateral move (RELM) request.  On 1 June 2018, you were informed by your Commanding Officer that Headquarters Marine Corps denied your RELM request.  On 11 July 2018, you were discharged by reason of non-retention on active duty with an Honorable characterization of service and an RE-4 reentry code.    
 
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 desire to change your reenlistment code from RE-4 to RE-1 (recommended for reenlistment) and your contention that you were not permitted by the Executive Officer to submit additional paperwork with your RELM request, to include a personal statement, character statements, and letters of recommendations, which you have attached to your application.  However, based upon this review, the Board concluded there was insufficient evidence to warrant relief.  Specifically, the board determined your assigned reentry code was appropriate.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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,