Docket No: 8106-20
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 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 was denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 21 December 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, 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). 
  
You enlisted in the Marine Corps and began a period of active duty on 3 December 2018.  On 1 October 2019, you began a period of Unauthorized Absence (UA) that lasted until on or about 5 January 2020.  On 24 March 2020, nonjudicial punishment (NJP) was imposed on you for Desertion.  Subsequently, on 1 April 2020, administrative separation action by reason of misconduct due to commission of a serious offense, was initiated against you.  On 6 April 2020, you waived your right to counsel and your right to an administrative board.  On 13 May 2020, the Staff Judge Advocate to Separation Authority (SA) found your package legally sufficient and recommended administrative separation with a General characterization of service.  On 13 May 2020, the SA directed your administrative separation with a General characterization of service.  On 21 May 2020, you were separated from the Navy with General (under honorable conditions) characterization of service and an RE-4 reentry code.   
 
You request an upgrade of your reentry code to RE-1.  You assert you want to reenlist and earn an honorable discharge.  You assert you were ridiculed for seeking medical help until you spoke to your company Commanding Officer.  You also assert you were diagnosed with scoliosis and the unit medical officer said nothing would change for you.  You admitted you should not have gone into a UA status, but you were in a bad mental state from the hazing, physical assault, and pain.  You also assert your Commanding General (CG) stated there was nothing medically wrong with you in your separation decision, but you have evidence that proves otherwise.  Finally, you contend that you should have been allowed to serve the remainder of your contract under another job, and you need an upgrade to your RE Code to reenlist.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct, which resulted in NJP for Desertion.  The Board also noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of discharge. 
 
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.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, outweighed these mitigating factors.  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 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,