DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 10323-17  
Ref: Signature date 

This letter 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 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 4 March 2019.  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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 17 September 2012.  Administrative Remarks dated 22 January 2016, indicate that you were eligible but not recommended for promotion to the grade of sergeant due to lack of judgment or lack of maturity.  Administrative Remarks dated 15 March 2016, again note your eligibility for promotion but state you were not recommended due to lack of judgment, lack of professionalism, and recent or pending legal actions.  On 16 March 2016, you received nonjudicial punishment (NJP) for violating a lawful order (staying off base past curfew and violating a Military Protective Order (MPO), and gaining employment with a commercial activity without authorization and working for a commercial activity in violation of a general order).  Two weeks later, on 30 March 2016, you received a second NJ for violating restriction orders.  You were discharged from the Marine Corps on 16 June 2017, with an honorable characterization of service on the basis of “Completion of Required Active Duty Service,” and received a reentry (RE) code of RE-4. 

You request a change to your reentry code from RE-4 to RE-1.  You ask for a change to the RE­4 so that you may enlist in another branch of service.  Furthermore, you contend that your NJP was unjust.  You state that you were told that if you admitted to one violation of Article 92 (failure to obey a lawful order or regulation), then you would accept all charges.  You contend that you received the NJP for performing musical acts in            and violation of the MPO, but 
note that the MPO had not been lifted because your wife, a fellow Marine, would not attend anger management classes. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your desire to return to military service.  The Board also took into account your honorable characterization of service and your average marks in enlistment of 4.3/4.3.  Even in consideration of your contributions to the Marine Corps, the Board found that your receipt of an RE-4 was supported by your two NJPs.  The Board determined that you did not provide sufficient information to overcome the misconduct reflected in your record to merit a change to the RE-4.  Accordingly, the Board determined there was no probable material error or injustice in your discharge no corrective action was warranted. 

It is regretted that the circumstances of your 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.  

Sincerely, 


6/7/2019