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

Docket No: 6653-18                                                           
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 22 October 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, as well as the enclosed 6 September 2019 advisory opinion (AO) furnished by the Marine Corps Enlisted Assignments Branch (MMEA) and your response.  

The Board carefully considered your request to remove the 22 May 2018 Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF).  The Board considered your contentions that, if you had accepted special duty assignment (SDA) orders, you would have been separated from your husband for four years, and that you were indirectly forced to sign the Page 11 entry.  You also contend that you did not actually sign the entry, as evidenced, you allege, by the fact that the signature is not a “wet” signature. 

The Board noted that you were assigned the reenlistment code RE-3O for refusing to extend or reenlist to obtain the obligated service necessary to execute permanent change of station (PCS) orders. In essence, you refused to accept SDA orders to recruiting duty.  The Board concurred with the AO, noting that, because you refused assignment to the Headquarters SDA Selection Team (HSST), and, in accordance with Appendix D of MCO 1040.31, the Marine Corps Enlisted Retention and Career Development Program Manual, you were assigned the reenlistment eligibility code RE-3O. The board noted that you were initially issued orders to Basic Recruiter Course (BRC) 1-19, which you refused for medical reasons.  You were then afforded the opportunity to attend BRC 3-20.  MMEA, however, received a naval message stating that you no longer desired to execute orders and preferred to accept the previously assigned RE-3O.  The Board determined that, pursuant to regulations, your voluntary refusal to accept orders to BRC for purely personal reasons warranted assignment of the RE-3O reenlistment code.  The Board found insufficient evidence to support your claim that you were improperly coerced or compelled to sign the counseling entry, or that your signature was not your actual signature.  The Board thus determined that the entry was written and issued in accordance with MCO 1040.31 and MCO 1070.12K, the Marine Corps Individual Records Administration Manual.  Specifically, the entry provided written notification concerning the assignment of the reenlistment eligibility code, you were afforded an opportunity to submit a rebuttal, and your commanding officer countersigned the entry.  Accordingly, the Board concluded that the contested counseling entry is neither in error nor unjust, and will remain unchanged in your record. 

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 injustice.   

Sincerely,
 
11/19/2019