Docket No: 1330-21 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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.     
 
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 April 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, 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 served a period of honorable service from 22 July 2013 until the completion of your required active service on 21 July 2018.  During your enlistment, on 28 April 2014, you received NJP, and on the same day you were counseled regarding your misconduct and notified you were not eligible or recommended for promotion for a period of six months.  On 29 September 2017, you signed an acknowledgement that you were not recommended for reenlistment because you failed to demonstrate high standards of leadership, performance, professional competence, and personal behavior required to maintain the prestige and quality standards of the Marine Corps.  You further acknowledged that you would be assigned a reenlistment code of RE-4 upon separation.  
 
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 change your reenlistment code to RE-1.  You contend you served honorably while on active duty to include two deployments and multiple detachments.  The Board commends your honorable service in the Marine Corps.  However, the Board reviewed all evidence submitted with your application, and noted your signed acknowledgment of your RE-4 reenlistment code.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  The Board found no error or injustice in your record.  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, 
4/27/2021
Executive Director