DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490  
               
Docket No: 5218-21 
Ref: Signature Date 

Dear Petitioner: 
 
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 10 September 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). 
 
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 Reserves and completed an honorable period of active service from 8 January 2013 to 8 August 2013.  You began a second period of active service on 9 August 2013.  From the period beginning on 14 September 2014 to 26 June 2015, you were counseled on four occasions for one or more of the following: your lack of initiative, judgement, leadership, maturity, professionalism, and unauthorized absence.  Subsequently, on 8 August 2015 you were honorably discharged by reason of disability, and you were assigned 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 change your reenlistment code from a RE-4 to at least an RE-2.  Additionally, you request congressional review, and JFR3 to be removed from your record.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board noted, outside of your statements, you failed to provide sufficient evidence to support your contentions.  Specifically, the Board requests additionally information regarding your treatment at a military treatment facility (MTF), why your diagnosis and discharge was in error.  The Board found no error or injustice in your record, and determined you were issued the appropriate reentry code, and separation code.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
All questions and comments regarding for personal assistance should be directed to the senators from your State.  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, 
10/08/2021
Executive Director