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

Docket No: 9743-17       
Ref: Signature Date 

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 was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.  

Although you did not file your application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on the merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 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 3 June 2014.  On 23 September 2014, you received an administrative remarks (Page 11) counseling entry after refusing to train.  On 25 September 2014, you received nonjudicial punishment (NJP) and a Page 11 counseling entry for refusing to train.  Subsequently, you were notified of the initiation of, and your rights in connection with, administrative separation processing by reason of misconduct due to a pattern of misconduct.  You waived your rights and your commanding officer, recommended that you be discharged with an other than honorable (OTH) characterization of service.  The discharge authority approved the recommendation and directed that you be discharged with an OTH characterization of service.  On 3 November 2014, you were discharged and assigned a RE-4 (not recommended for reenlistment) reentry code. 

The Board carefully weighed all potentially mitigating factors, such as your youth and immaturity, and your desire to upgrade your reentry code so you can serve your country again.  The Board noted your statement that the record was “just” and your admission that you made “a terrible mistake”.  In the end, the Board concluded relief was not warranted in your case because a RE-4 reentry code is authorized when an individual is not recommended for reenlistment.  In the end, the Board concluded you received the correct reentry code. 

It is regretted that 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 matters.  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, 


6/28/2019