DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0404-19 Ref: Signature Date Dear : 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. A three-member panel of the Board, sitting in executive session, considered your application on 13 February 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You originally enlisted in the Marine Corps on 12 September 2011, and reenlisted for a period of 4 years on 27 August 2014. On 4 August 2016, you went to non-judicial punishment (NJP) for the failure to obey a lawful order because you misused your government-issued credit card, and you also received and signed a “page 11” counseling entry documenting your misconduct and NJP. On 25 April 2018, you received another “page 11” counseling warning for knowingly driving an unregistered vehicle for over a year. On the “page 11,” your command expressly stated, in part: “Your lack of responsibility, judgment, and initiative is unacceptable of a Non-Commissioned Officer and goes against maintaining good order and discipline within the unit and the Corps.” On 26 October 2018, at the completion of your active obligated service, you received an honorable discharge and were assigned an RE-04 reentry code. In the Marine Corps, the RE-04 code means “not recommended for reenlistment.” In this regard, given your NJP and two “page 11” counseling warnings in the current enlistment, you were assigned the authorized reentry code based on your circumstances. The Board carefully weighed all potentially mitigating factors, such as your contention that the RE-4 code is unjust because it is preventing the opportunity to continue military service with other U.S. armed services. However, the Board concluded this contention was not sufficient to warrant changing your RE-04 reentry code to a waivable code or granting any other relief. In the end, the Board concluded that you received the correct reentry code. Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 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.