DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
               
Docket No:  2044-19 
Ref: Signature date 

Dear  
 
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Your application was filed in a timely manner and the Board found it in the interest of justice to consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 4 November 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 enlisted in the Marine Corps and began a period of active duty on 3 September 2013.  On 20 October 2017, you received nonjudicial punishment (NJP) for failure to obey a lawful order or regulation, soliciting another to commit an offense, and making a false official statement.  That same day, you were counseled that you were ineligible for promotion.  On 29 December 2017, you were enrolled in the “Body Composition Program” to assist you in meeting established weight/body composition standards.  On 10 August 2018, you acknowledged a formal counseling by your commanding officer that you are “not recommended and ineligible for reenlistment due to your failure to demonstrate the high standards of leadership, professional competence, and personal behavior required to maintain the prestige and quality standards of the Marine Corps,” and that you “have been assigned a reenlistment eligibility code of RE-4 from CMC, per TFRS-13430293.”  On 2 September 2018, you were discharged from the naval service with an honorable characterization of service and a reenlistment (RE) code of RE-04 (not recommended for reenlistment).   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your RE code, and your assertions that you received favorable comments from your “entire chain of command” and were denied reenlistment due to NJP.  The Board also considered your assertion that you took “full responsibility” for the mistake and subsequently “earned the trust of [your] chain of command.”  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your RE code given your misconduct, which resulted in your NJP for failing to obey an order or regulation, soliciting another to commit an offense, and making a false official statement. 
 
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. 
 
Sincerely,