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

Docket No. 2952-18 
AUG 19 2019 

Dear 

This is in reference to your application for correction of your naval record pursuant to Title I 0, 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.
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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 and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinions contained in Headquarters, U.S. Marine Corps (HQMC) memorandum I 070 MIQ of 17 July 2018 and HQMC memorandum 5420 MMEA of26 September 2018 and your response to the opinions.
 
On 14 August 2001, you entered active duty. On 10 February 2015, MARADMIN 062/15 (Change to FY15 and Announcement of FY16 Marine Corps Enlisted Temporary Early Retirement Authority (TERA) Program) was published. The effective date of Fleet Marine Corps Reserve Transfer must be no later than 31 August 2016. Furthermore, your Primary Military Occupational Specialty (PMOS) 0369 was not among those eligible for TERA. On 15 May 2015, the child abuse hotline received report alleging physical abuse of child. You cared for the children on 14 May 2015. On 30 June 2016, you received a NAVMC 118(11) (administrative remarks) based on information provided to your command by the State of  Child Welfare Services, Marine Corps Base,  Provost Marshal's Office Criminal Investigations Division,  Naval Medical Center a and your own sworn statement. The incident that occurred on or about 14 May 2015 involving your son has been determined to be a substantiated case of domestic abuse involving child physical abuse. On 21 June 2016, you received a letter from the Manager, Family Advocacy Program (FAP) stating you were referred to PAP due to alleged incident of domestic abuse 15 May 2015. Furthermore, your case was presented to the Incident Determination Committee (IDC) 8 July 2015 and the incident met criteria for child physical abuse, service member to child. Finally, your case was closed resolved on 22 March 2016. On 27 October 2016, your pre-hearing finding (Substantiated) was changed to inconclusive by the County of . On 29 December 2016, your 27 September 2016 reenlistment request was disapproved. On 5 January 2017, you received a NAVMC 118(11) (administrative remarks) counseling notifying you of receiving a RE-4 (reenlistment code). On 17 March 2017, you were discharged with 15 years, 7 months, and 4 days. You also received half involuntary separation pay. 

You requested to remove a NAVMC 118(11) dated 5 January 2017; change your RE-4 code to RE-2B; receive a Temporary Early Retirement Authority (TERA) retirement; and all rights, honors, and benefits of a retiree. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. Nevertheless, the Board concluded that even though the County of   final decision was change to inconclusive, it did not change the fact that the IDC decision substantiated the issuance of your NA VMC 118(11) counseling and the reason why the Marine Corps denied your reenlistment. Lastly, the Board noted that TERA was available for FYI 6; however, the transfer had to occur by 31 August 2016. Furthermore, your PMOS was not listed as eligible. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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, 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 iajustice. 
Sincerely,