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

Docket No. 1277-19 
Ref: Digital Signature 


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 relevant portions of your naval record and your application, 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 14 May 2020.  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 opinion contained in Headquarters, U.S. Marine Corps memorandum 5420 MMEA 29 April 2020 and your response to the opinion.  

You requested to modify your reenlistment term executed on 31 October 2018 to reflect 48months vice 36-months. The intent was to provide you with 48 month of selective retention bonus SRB entitlement and eligibility to an early reenlistment kicker.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded there was no justification to modify your reenlistment term. At the time of your reenlistment on 31 October 2018, you served in the paygrade of E-5.  You executed a 3-year and 1-month reenlistment term to ensure you did not exceed service limitations.  Per MARADMIN 696/218, sergeants could exceed service limitation via endorsement from O-6 level authority.  You contend that you were authorized to obligate additional service for permanent change of station requirement.  You obligated service for an additional 16 month via an extension on 25 June 2019 for the purpose of obligating service for transfer of educational benefits.  Subsequently, you were promoted to the paygrade of E-6 on 1 October 2019.  Therefore, there was no evidence of an O-6 approval to exceed your service limitation on 31 October 2018.  Therefore, you received SRB entitlement for a term of 36 months.  Since you did not obtain 48 months of additional obligated service, you were not eligible for the Early Reenlistment Kicker. 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 injustice.