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

Docket No: 9516-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application of 16 August 2018 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 that 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 26 September 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 reenlisted in the Marine Corps Reserves on 22 February 2013.  You served without disciplinary incident.  On 22 August 2016, you received formal counseling concerning your below average performance and lack of military occupational specialty (MOS) proficiency.  On 20 September 2016, you received formal counseling because you had not effectively overcome your noted deficiencies, and your lack of proficiency was negatively impacting your command.  In your fitness report for the period 1 October 2015 to 30 September 2016, you were not recommended for promotion with your contemporaries.  In your fitness report for the period 1 October 2016 to 31 May 2017, you were not recommended for promotion or retention.  On 12 May 2017, you were again formally counseled due to your failure to overcome your deficiencies.  On 19 June 2017, you were formally counseled for improperly routing administrative documents in the performance of your duties.  On 2 October 2017, you received an administrative remarks entry (Page 13) informing you that your commanding officer was assigning you a RE-4 (not recommended for reenlistment) reentry code due to your numerous formal counseling entries, and your lack of MOS proficiency.  On 21 January 2018, you were discharged and assigned a RE-4 reentry code.  On 3 August 2018 you were provided your fitness report for the period from 3 June 2017 to 30 September 2017. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that a reserve captain, while on active duty, assigned the RE-4 reentry code without the approval of Headquarters Marine Corps (HQMC).  The Board also considered your contention that your final fitness report did not include “negative reviews.”  Further, the Board considered your contention that your lack of disciplinary incidents should warrant a more favorable reentry code.  The Board, noting the Marine Corps Separations Manual grants a commanding officer authority to assign a RE-4 reentry code, and did not find evidence of an error or injustice that warrants changing your reentry code.  In the end, the Board concluded that you received the appropriate reentry code. 
 
The Board also considered your contention that your final fitness report was signed seven months after discharge which you contend made it impossible for you to promote to staff sergeant.  The Board, noting your fitness reports from the 2016 and mid-2017 timeframe did not recommend you for promotion, determined that the signing date of your final fitness report did not materially affect your opportunity to promote. 
 
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 the 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.