Docket No:  1051-19 
Ref: Signature date 

Dear  
 
This is in reference to your application of 8 January 2019 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. 
 
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, sitting in executive session, considered your application on 21 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 16 August 2010.  On 25 November 2013, you received a verbal retention warning after an argument while you were on duty as a gate sentry during which you threw an ID Card at a senior noncommissioned officer (SNCO).  On 13 January 2014, you received a verbal retention warning for leaving the local area after you were ordered to remain in the local area by a senior noncommissioned officer.  On 14 January 2014, you received a verbal retention warning for waving privately owned vehicles onto the base without checking the occupant’s military identification and for telling your squad leader to “go f--- yourself.”  On 5 September 2014, you were convicted by Special Court-Martial (SPCM) of failure to obey a lawful order, specifically to inspect all identification cards before waiving motor vehicles through the gate.  On 11 September 2014, you were counselled that you were not recommended for reenlistment and would receive a reenlistment eligibility code of RE-4.  On 26 September 2014, you were discharged with a general (under honorable conditions) characterization of service and a reenlistment code of RE-4.  On 13 January 2016, Naval Discharge Review Board upgraded your discharge to honorable. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code, and your assertion you are not eligible to appeal the Special Court- Martial or fight to get it expunged as no punishment was awarded.  The Board also considered your assertion that everything else negative in your OMPF went before the court and you were either found not guilty or charges withdrawn, with the exception of the Article 92 verdict.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in an SPCM conviction for failure to obey an order or regulation.  The Board noted that all SPCMs are reviewed by a judge advocate and you are free to appeal any court-martial at your own expense. 
 
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.