Docket No: 4938-19 
Ref: Signature Line 

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. 
 
Although you did not file your application 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 30 September 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, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 28 November 2011.   
On 9 August 2014, you were convicted by summary court-martial (SCM) for violating Article 112a of the Uniform Code of Military Justice (UCMJ) for wrongfully possessing a controlled substance—anabolic steroids.  You were sentenced to restriction and reduction in rank.  On 7 January 2015, administrative discharge action was initiated.  You consulted with counsel and, waiving your right to an administrative discharge board, elected to submit a statement.  On 28 January 2015, the separation authority approved your discharge with an other than honorable (OTH) characterization of service, which was suspended for 12 months.  On 27 November 2015, you were discharged with an honorable characterization of service at the completion of your required active service. 
 
You request the Board change your reentry (RE) code.  You assert your belief that your RE code (RE-4B) is harsher than you deserve.  You state you were a good Marine and exceeded others.  Additionally, you state you understand you broke the rules, but you are currently a sheriff’s deputy in , and you are attempting to join the Reserves and serve your country.  In support of your petition, you attached letters of recommendation to the Army National Guard from your former staff non-commissioned officer-in-charge and Marines with whom you served.  The Board carefully weighed all potentially mitigating factors, such as your record of service, your desire to change your RE code in order to serve again, and your post-service character, conduct, and accomplishments, as well as your contentions, but concluded that these factors were not sufficient to warrant a change to your RE code given your misconduct and the clemency that was already extended to you by suspending and remitting your OTH discharge.  The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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.