DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 0726-20  
Ref: Signature Date 

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, sitting in executive session, considered your application on 6 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 17 August 2015.  On 21 September 2016, you were counseled for driving a motorcycle without completing the required safety course.  On 6 September 2017, you received nonjudicial punishment (NJP) for failing to report to morning muster, wrongfully driving aboard               without valid insurance, and wrongfully staying at the same house as a lance corporal.  On 25 July 2018, you received a second NJP for larceny of an Apple watch and Nintendo Switch game controller, a value of about $400.00.  On 4 August 2018, you violated your restriction status by reporting an hour late to a required check-in time.  On 15 August 2018, you violated your restriction status by driving your personal vehicle off base in civilian attire.  On 3 October 2018, you were convicted by summary court-martial for failure to go to your appointed place of duty and failure to obey a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense.  After you consulted counsel and waived your procedural rights, your commanding officer recommended you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense. After the staff judge advocate deemed the administrative separation package sufficient in law and fact, the discharge authority directed you be discharged with an OTH characterization of service and assigned an RE-4 (not recommended for reenlistment) reentry code.  On 1 March 2019, you were discharged. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your reentry code is unjust.  Specifically, you contend that given the type of discharge, the reasons for your discharge, and lack of “evidence” in your personnel file, an RE-4 reentry code is unjust.  Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your reentry code nor did you submit any evidence in support of your request. 

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, 


4/20/2020