DEPARTMENT OF THE NAVY 

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

 
Docket No: 8781-17 
Ref: Signature date 


Dear 
This 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 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 30 January 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, and 
applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
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 and began a period of active duty on 30 May 2006. During the 
period from 20 March to 27 August 2008, you received two nonjudicial punishments (NJP) for 
drinking underage, and you were counseled that any further violations of the Uniform Code of 
Military Justice could result in judicial or administrative action, including but not limited to, 
administrative separation. On 7 September 2015, you were counseled for drunken/reckless 
operation of a vehicle and subsequently received an adverse fitness report. On 12 August 2016, 
you were counseled that you were assigned a reenlistment (RE) code of RE-4 and advised you 
were not eligible for reenlistment, commissioning or warrant officer programs, special education 
programs, or involuntary separations pay. On 24 September 2016 you received an Honorable 
discharge at the end of you obligated service. 

The Board carefully weighed all potentially mitigating factors, such as the length of time 
between your alcohol related misconduct, that you still wish to serve in the National Guard, as 
well as contentions that you took responsibility for the drunken/reckless operation of a vehicle 
that resulted in being charged by civilian authorities with driving under the influence (DUI), your 
being sober for two years, and that you are excelling at community college with a 4.0 GPA. You 
noted that this misconduct occurred during your second five-year contract, and that the conduct 
was out of the ordinary for you. Additionally, you had been selected for E-6, but your promotion 
was withheld while awaiting your court date. Consequently, you reached your end of active 
service and were unable to reenlist due to service limitations. You requested the Board review 
your entire record, especially your awards and fitness reports. The Board appreciated your 
subsequent good conduct, records, and letters of support. However, the Board concluded these 
factors and assertions were not sufficient to warrant a change to your RE code given your 
misconduct which resulted in two NJPs and an adverse fitness report. 

Regrettably, the circumstances of your case are such that favorable action cannot be taken. You 
are entitled to have the Board reconsider its decision upon 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, 

Executive Director