DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 5423-16 
JUN 19 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. 

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 threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 6 April 2017. The names and votes ofthe members ofthe panel 
will be furnished upon request. Your allegations oferror and injustice were reviewed in . ; 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

You enlisted in the Marine Corps and began a period ofactive duty on 6 December 2010. It 
appears you served without disciplinary incident until 13 December 2013 when you were 
counseled for going out ofbounds when specifically directed not to without taking corrective 
action to fix your vehicle after it failed inspection. Additionally, you received seven 
Administrative Remarks (Page 11) counseling's stating you were eligible but not recommended 
for promotion to due to your failure to pass the combat fitness test. On 29 March 2016, 
you received a Page 11 counseling entry stating, in part, that your "tattoos have been screened 
and were disapproved" and you are "not eligible for reenlistment" unless specifically authorized 
by the Commandant ofthe Marine Corps. Based on your Certificate ofRelease or Discharge 
from Active Duty (DD Form 214), you received were honorably discharge on 5 June 2016 after 
completion ofrequired active service. At that time, you were assigned an RE-4 (not 
recommended for reenlistment) reentry code. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The 
Board, in its review ofyour application, carefully weighed all potentially mitigating factors, your 
desire to upgrade your reentry code so you may continue service in the Marine Corps, and your 
assertions that the recently changed tattoo policy would have allowed your reenlistment. The , 
Board concluded these factors were not sufficient to warrant changing your RE-4 reentry code 
given your Page 11 counseling regarding your ineligibility for reenlistment due to your tattoos. 
The Board noted that there is no evidence in your record regarding your tattoos, and you 
submitted none, to support your contention that you would have been allowed to reenlist under 
the recently revised tattoo policy. In the end, the Board concluded that you received the correct 
reentry code. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director