DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4935-19 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 4 June 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 originally enlisted in the Marine Corps on 4 August 2014. On 31 May 2018, you received a “page 11” (Page 11) counseling entrywithholding your promotion recommendation to Sergeant (E-5) due to a command investigation. On 28 June 2018, you received another Page 11 counseling entry with the same recommendation. On 9 August 2018, you went to non-judicial punishment (NJP) for dereliction of duty and two specifications of unauthorized absence (UA). As part of your punishment, you were reduced in rank to Lance Corporal (E-3). On 9 August 2018, you received a Page 11 counseling entry documenting your NJP and a second Page 11 counseling entry withholding your promotion recommendation to Corporal (E-4) for six months due to your NJP. You did not make a rebuttal statement to either Page 11 entries On 31 August 2018, you initially submitted a request to reenlist. Subsequently, the request was closed with no action taken on 7 November 2018. On 7 March 2019, you resubmitted your reenlistment request. However, the request was denied on 18 April 2019. The basis for denial was: “SNM has failed to demonstrate the high standards of leadership, performance, professional competence, and personal behavior required to maintain the prestige and quality standards of the Marine Corps. SNM will receive no further service based on the information that has been reviewed with this request. This headquarters (MMEA-1) has assigned SNM a RE code of RE-4. SNM’s command is directed to make the appropriate SRB page 11 entries.” On 18 April 2019, your command issued you a Page 11 entry reflecting the above comments and rationale and assigned you an RE-4 reentry code. The Page 11 expressly stated, in part: “I have been informed by my Commanding Officer that I am not recommended for reenlistment for failing to demonstrate the high standards of leadership, performance, professional competence, and personal behavior required to maintain the prestige and quality standards of the Marine Corps. On 3 August 2019, at the completion of your active obligated service, you received an honorable discharge and were assigned an RE-4 reentry code. In the Marine Corps, the RE-4 code means “not recommended for reenlistment.” In this regard, given your NJP and multiple 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 contentions that although you received an NJP you were still fully qualified for reenlistment, that your chain of command and CO (with reservation) recommended you for reenlistment, and that a change in your RE code will allow you to continue your military service. However, the Board concluded these contentions and mitigating factors were not sufficient to warrant changing your RE-4 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. Sincerely,