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

Docket No: 2009-19 
Ref: Signature Date 


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 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. 

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 18 March 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 16 June 1969. Although all of your administrative separation documentation is not in your service record, the record does reflect that on 14 July 1970, you were notified of pending administrative action to separate you from the naval service by reason of unsuitability because of character and behavior disorders.  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with a general (under honorable conditions) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be administratively discharged from the naval service with a general (under honorable conditions) characterization of service by reason of unsuitability and assigned an RE-4 (not recommended for retention) reenlistment code.  On 3 August 1970, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your reenlistment code.  The Board considered your contention that the reason for your assignment of an RE-4 reenlistment code was because you wanted and attempted to go to .  You assert that it is unjust and unfair that you were given derogatory marks in your record solely because you wanted to serve your country.  The Board concluded that these factors were insufficient to warrant relief in your case given your diagnosed medical condition and non-recommendation for retention in the Marine Corps.  An RE-4 reenlistment code is authorized when a Marine is separated due to unsuitability and not recommended for retention.  Regarding your contention, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Your allegations, unsupported in the record or by submission of documentation, failed to overcome that presumption.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 

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.