DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 0099-20              
Ref: Signature Date 

This is in reference to your application of 16 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 16 January 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.
 
You reenlisted in the Marine Corps on 18 December 2009.  On 31 January 2012, you received formal counseling after a physical altercation with your wife.  On 4 August 2012, you were again formally counseled for communicating inappropriate language to another Marine on social media.  On 26 April 2013, you received non-judicial punishment (NJP) for two specifications of assault on your spouse.  On 7 June 2013, you received a second NJP for wrongfully checking in on restriction under the influence of alcohol, being drunk while on restriction, and breaking restriction.  In your performance evaluation for the reporting period 1 June 2012 to 26 April 2013, you were not recommended for promotion or retention.  On 4 July 2014, you were formally counseled after being detained by Japanese authorities for attempting to board an international flight while in possession of a live round.  On 17 August 2014, you were involuntary discharged after not being retained on active duty and attaining high year tenure.  You were assigned a RE-4 (not recommended for reenlistment) reentry code. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your request for “another chance” to be a valuable asset to the military.  The Board considered your personal essay emphasizing your “career service member mentality”, your constant mentoring and encouragement of other service members, your continued pride in service, and your “extreme level of loyalty and mental dedication.” The Board, noting your serious misconduct coupled with removal of your recommendation for promotion or retention, determined there was insufficient evidence of an error or injustice in your assignment of a RE-4 reentry code at discharge to warrant a change to your assigned RE-4 reentry code. 

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, 

2/8/2020